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VON HOLT v. IZUMO TAISHA KYO MISSION OF HAWAII

No. 4144.

44 Haw. 260 (1960)

355 P.2d 40

HERMAN V. VON HOLT v. IZUMO TAISHA KYO MISSION OF HAWAII, AN INCORPORATED ASSOCIATION, JOHN H. WILSON, LEON K. STERLING, THE CITY AND COUNTY OF HONOLULU, A MUNICIPAL CORPORATION.

Supreme Court of Hawaii.

May 16, 1960.

Attorney(s) appearing for the Case

Norman K. Chung for respondent-appellant, City and County of Honolulu.

Robert M. Rothwell for petitioner-appellee.

TSUKIYAMA, C.J., MARUMOTO, CASSIDY, WIRTZ AND LEWIS, JJ.

Per Curiam.

The petition for rehearing is granted. Argument will be had on June 30, 1960, at 9:00 A.M.

Counsel are directed to file briefs on the following questions:

(1) Under the facts presented in this case, and without consideration of R.L.H. 1955, Chapter 219, can appellee be allowed an attorney's fee? (2) If so, does such allowance constitute taxation of "costs" within the meaning of the first sentence of R.L.H. 1955, §...

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