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TAGAWA v. TR. IN DISSOL'N SUMITOMO BK.

No. 4023.

43 Haw. 1 (1958)

MITSUO TAGAWA, EITA SATO, KAICHI IKEDA, TOMITARO IIDA, DEPOSITOR-CREDITOR-CLAIMANTS OF THE SUMITOMO BANK OF HAWAII v. CLARENCE K. KARIMOTO, SUCCESSOR TRUSTEE FOR CREDITORS AND SHAREHOLDERS OF SUMITOMO BANK OF HAWAII IN DISSOLUTION, AND WILLIAM P. ROGERS, ATTORNEY GENERAL OF THE UNITED STATES AS SUCCESSOR TO THE ALIEN PROPERTY CUSTODIAN.

Supreme Court of Hawaii.

Decided August 28, 1958.

Attorney(s) appearing for the Case

Irwin A. Seibel, Deputy Attorney General of the United States (Dallas S. Townsend, Assistant Attorney General, Director, Office Alien Property; Louis B. Blissard, United States Attorney for the District of Hawaii; Charles R. Wichman, Assistant United States Attorney, Honolulu, T.H.; George B. Searls, Marbeth A. Miller, Attorneys, Department of Justice, Washington, D.C., with him on the briefs [Mr. Wichman not on reply brief]), for the Attorney General of the United States, defendants-appellants.

Shiro Kashiwa (Genro Kashiwa with him on the brief) for plaintiffs-appellees.

RICE, C.J., STAINBACK, J., AND CIRCUIT JUDGE WIRTZ IN PLACE OF MARUMOTO, J., DISQUALIFIED.

OPINION OF THE COURT BY CIRCUIT JUDGE WIRTZ.

This is an appeal from a judgment by the circuit court, first circuit, Territory of Hawaii, entered on cross-motions for summary judgment, allowing compensatory interest on bank accounts which were owned by persons subject to the foreign funds freezing controls imposed by Executive Order No. 8389, as amended (6 Fed. Reg. 2897, June 17, 1941).

The facts are not in dispute.

This is a class action brought by...

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