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TERRITORY OF HAWAII v. ADELMEYER

No. 4172.

45 Haw. 144 (1961)

363 P.2d 979

TERRITORY OF HAWAII, BY RICHARD K. SHARPLESS, ITS ATTORNEY GENERAL v. IWALANI BEMROSE ADELMEYER, ET AL., AND TERRITORY OF HAWAII, BY RICHARD K. SHARPLESS, ITS ATTORNEY GENERAL v. AMERICAN SECURITY BANK, A HAWAIIAN CORPORATION, ET AL.

Supreme Court of Hawaii.

July 19, 1961.

Attorney(s) appearing for the Case

Robert K. Richardson, Deputy Attorney General (Shiro Kashiwa, Attorney General, and Charles M. Tonaki, Deputy Attorney General, on the briefs), for appellant.

J. Garner Anthony (Robertson, Castle & Anthony and Barry Chung with him on the brief) for appellees Babbitt, Guard, Castle and Walker.

Clarence Y. Shimamura (also on the brief) for appellees Shimamuras.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, JJ., CIRCUIT JUDGE TASHIRO ASSIGNED BY REASON OF VACANCY AND CIRCUIT JUDGE CROCKETT IN PLACE OF LEWIS, J., DISQUALIFIED.

OPINION OF THE COURT BY WIRTZ, J.

The State initiated two cases in the Circuit Court of the First Circuit seeking to condemn, pursuant to Chapter 8, R.L.H. 1955, certain properties belonging to defendants-appellees fronting on Nuuanu Avenue in Honolulu for a highway widening project. The defendants-appellees comprise Howard Carter Babbitt, Thomas and Ruth Richardson Guard, Clarence Yoshinori and Clarenore Yuriko Shimamura...

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