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STATE v. KAHUA RANCH, LTD.

No. 4211.

47 Haw. 28 (1963)

384 P.2d 581

STATE OF HAWAII v. KAHUA RANCH, LIMITED.

Supreme Court of Hawaii.

July 1, 1963.

Attorney(s) appearing for the Case

Frank D. Padgett (Robertson, Castle & Anthony with him on the briefs) for defendant-appellant.

Bert Kobayashi, Attorney General, and Andrew S.O. Lee, Deputy Attorney General (Shiro Kashiwa, Attorney General, Andrew S.O. Lee, Deputy Attorney General, and Morio Omori, Special Deputy Attorney General, on the brief), for plaintiff-appellee.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, JJ., CIRCUIT JUDGE JAMIESON, IN PLACE OF LEWIS, J., DISQUALIFIED, AND CIRCUIT JUDGE HAWKINS, IN PLACE OF MIZUHA, J., DISQUALIFIED.

OPINION OF THE COURT BY WIRTZ, J.

This case concerns a bill for reformation brought by the State of Hawaii, plaintiff-appellee, as successor in interest to the Territory of Hawaii, covering the right of Kahua Ranch, Limited, defendant-appellant, as lessee of the State under General Lease No. 3358, dated February 14, 1951, (entered into between the Territory, as lessor, and Kahua, as lessee) to use "the Government waters arising...

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