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STATE v. HEIRS OF KAPAHI

No. 4332.

395 P.2d 932 (1964)

STATE of Hawaii, by Bert T. KOBAYASHI, Its Attorney General, v. HEIRS OF Halemano KAPAHI and Luka Halemano et al.

Supreme Court of Hawaii.

Rehearing Denied October 19, 1964.

Attorney(s) appearing for the Case

Bert T. Kobayashi, Atty. Gen., and Robert K. Richardson, Sp. Deputy Atty. Gen., for plaintiff-appellant.

J. Garner Anthony and Robertson, Castle & Anthony, Honolulu, for Trustees Estate of Samuel M. Damon, defendants-appellees.

Before TSUKIYAMA, C. J., CASSIDY and WIRTZ, JJ., KING, Circuit Judge, in place of LEWIS, J., disqualified, and OKINO, Circuit Judge, in place of MIZUHA, J., disqualified.

WIRTZ, Justice.

This appeal is from the judgment of the Circuit Court sitting with a jury in an eminent domain proceeding. Plaintiff-appellant brought the action on March 20, 1959, to condemn lands of the defendants-appellees, trustees of the estate of Samuel M. Damon, for realigning and widening Moanalua Road and constructing a limited access facility. Defendants in their answer admitted all of the allegations of the complaint and prayed that they be awarded just...

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