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PETERSON v. McKINLEY

No. 4235.

361 P.2d 60 (1961)

Richard Russell PETERSON v. Frank A. McKINLEY, as Judge of the Circuit Court of the First Judicial Circuit, State of Hawaii, and Joyce Alice Peterson.

Supreme Court of Hawaii.

April 7, 1961.

Attorney(s) appearing for the Case

John E. Parks, Honolulu, for appellant.

Lawrence H. Kam, Deputy Atty. Gen., Shiro Kashiwa, Atty. Gen., for respondent Judge.

Roy A. Vitousek, Jr., Pratt, Moore, Bortz & Vitousek, Honolulu, for respondent Peterson.

Before TSUKIYAMA, C. J., CASSIDY, WIRTZ and LEWIS, JJ., and CROCKETT, Circuit Judge, Assigned by Reason of Vacancy.

PER CURIAM.

Petitioner, Richard Russell Peterson, the plaintiff in an annulment suit pending in the Circuit Court, First Circuit, before the Honorable Frank A. McKinley, seeks a writ of prohibition to prevent the presiding judge, a respondent in this court, "from in any manner taking cognizance" of the annulment suit.

Prior to filing of the present amended petition the Chief Justice made an order denying the issuance of a temporary writ on the grounds that...

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