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PET'N, TACTACAN, WRIT OF MANDAMUS

No. 4042.

42 Haw. 141 (1957)

IN THE MATTER OF LEONCIO L. TACTACAN, PETITIONER FOR A WRIT OF MANDAMUS DIRECTED TO ALBERT M. FELIX, THIRD JUDGE OF THE CIRCUIT COURT, FIRST CIRCUIT, TERRITORY OF HAWAII.

Supreme Court of Hawaii..

Argued September 11, 1957.

Decided October 4, 1957.

Attorney(s) appearing for the Case

Robert G. Hogan (Hogan & Dyer on the petition and return to motion to set aside and quash) for the petitioner.

Millard D. White for Multiprises of Hawaii, Ltd., defendant in Civil No. 1478.

Willson C. Moore, Jr., and Peter A. Aduja, Deputies Attorney General (Herbert Y.C. Choy, Attorney General, and Willson C. Moore, Jr., on the motion to set aside and quash petition for writ of mandamus and order to show cause why writ of mandamus should not issue) for Judge Felix.

STAINBACK AND MARUMOTO, JJ.

OPINION OF THE COURT BY STAINBACK, J.

The petitioner herein filed a suit as plaintiff in the first circuit against Multiprises of Hawaii, Ltd., seeking to enforce a mechanic's and materialman's lien for work done on certain property in Wahiawa, Oahu, Territory of Hawaii. Thereafter, five separate suits were filed in the circuit court of the first circuit by various materialmen and subcontractors seeking to hold the petitioner herein and Multiprises of Hawaii as defendants...

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