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IN RE ISLAND AIRLINES, INC.

No. 4212.

44 Haw. 634 (1961)

361 P.2d 390

IN THE MATTER OF ISLAND AIRLINES, INC.

Supreme Court of Hawaii.

February 27, 1961.

Attorney(s) appearing for the Case

Frank D. Padgett (J. Garner Anthony and Arthur B. Reinwald on the briefs, Robertson, Castle and Anthony of counsel) for appellant.

Arthur S.K. Fong, Deputy Attorney General, State of Hawaii, (Shiro Kashiwa, Attorney General, with him on the brief) for Public Utilities Commission, appellee.

Herbert Y.C. Choy and Ingram M. Stainback (Fong, Miho, Choy and Robinson of counsel) for intervener, Aloha Airlines, Inc., appellee.

Richard K. Sharpless (Lewis, Buck and Saunders of counsel) for intervener, Hawaiian Airlines, Inc., appellee.

Robert A. Bicks, Assistant Attorney General, Richard A. Solomon, Attorney, Department of Justice, Franklin M. Stone, General Counsel, Civil Aeronautics Board (with John H. Wanner, Deputy General Counsel, O.D. Ozment, Associate General Counsel, and William F. Becker, Attorney, Civil Aeronautics Board) filed a brief for the Civil Aeronautics Board, amicus curiae, but did not argue.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS, JJ., AND CIRCUIT JUDGE DYER ASSIGNED BY REASON OF VACANCY.

OPINION OF THE COURT BY LEWIS, J.

Island Airlines, Incorporated, referred to herein as "applicant" or "Island," on May 20, 1960, submitted to the Public Utilities Commission of the State an application which, as subsequently amended, shows as follows:

Applicant has been incorporated under the laws of the State with a present capitalization of $15,000. It intends to increase its capitalization to $250,000, "upon approval by the Commission of the rates filed...

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