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MARKS v. AH NEE

No. 4408.

48 Haw. 92 (1964)

395 P.2d 620

ELIZABETH LOY MARKS, ET AL., v. EMILY AH NEE, ET AL., (STATE OF HAWAII).

Supreme Court of Hawaii.

September 25, 1964.

Attorney(s) appearing for the Case

Andrew S.O. Lee, Deputy Attorney General (Bert T. Kobayashi, Attorney General, with him on the briefs) for State of Hawaii, defendant-appellant.

Alan C. Kay (Pratt, Moore, Bortz & Vitousek of counsel) for plaintiffs-appellees.

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

Per Curiam.

This is an interlocutory appeal, duly allowed, from an order denying the State's motion that it be dismissed from the case on the ground of sovereign immunity.

Plaintiffs, alleging themselves to be the owners of 32 out of 33 shares in hui land known as the Ahupuaa of Waikane, Royal Patent Grant No. 464 to Edwin O. Hall and Henry Dimond, brought this action for partition naming the State of Hawaii...

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