OPINION OF THE COURT BY MARUMOTO, J.
This is an appeal by the Territory of Hawaii, plaintiff below, from a judgment of nonsuit entered by the circuit court of the third circuit on motion by David Branco, defendant, after the Territory presented its evidence and rested.
The initial phase of the trial proceeded on the Territory's first amended complaint and the defendant's answer thereto.
The Territory set forth two causes of action and prayed for judgment...
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