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AKANA APP'N FOR WRIT OF MANDAMUS

No. 4066.

42 Haw. 415 (1958)

IN THE MATTER OF THE APPLICATION OF BESSIE S. AKANA, A DEFENDANT IN CIVIL NO. 3234, TERRITORY OF HAWAII v. SAMUEL RENNY DAMON, HERMAN VALDEMAR VON HOLT, DAVID HEBDEN PORTEUS, AND JOHN EDWARD RUSSELL, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF SAMUEL M. DAMON, DECEASED, ET AL., ON BEHALF OF HERSELF AND OTHERS SIMILARLY SITUATED, FOR A WRIT OF MANDAMUS DIRECTED TO ALBERT M. FELIX, THIRD JUDGE OF THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, TERRITORY OF HAWAII.

Supreme Court of Hawaii.

Decided April 11, 1958.

Attorney(s) appearing for the Case

Harriet Bouslog (Bouslog & Symonds on the brief) for petitioner, for the application for writ of mandamus.

John P. Russell, Special Deputy Attorney General (Harold W. Nickelsen, Assistant Attorney General, on memorandum in opposition to issuance of writ) for the Territory.

J. Garner Anthony (Robertson, Castle & Anthony and Chuck Mau [Mau, Hong & Kanemoto] on memorandum in opposition to issuance of writ and for motion to dismiss) for Lillian Tom Loo, Beatrice L. Luke and Kan Jung Luke.

RICE, C.J., STAINBACK AND MARUMOTO, JJ.

OPINION OF THE COURT BY MARUMOTO, J.

This is a petition for mandamus filed by Bessie S. Akana, on behalf of herself and certain tenants of Damon Tract similarly situated. Bessie S. Akana and other persons similarly situated will be referred to in this opinion as petitioners.

The petitioners are tenants of portions of the land sought to be condemned by the Territory of Hawaii for the expansion of the Honolulu International...

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