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MATTER OF APPLICATION OF AIR TERMINAL SERVICES, INC.

No. 4287.

47 Haw. 499 (1964)

393 P.2d 60

IN THE MATTER OF THE APPLICATION OF AIR TERMINAL SERVICES, INC., A VIRGINIA CORPORATION, PETITIONER, FOR A WRIT OF MANDAMUS DIRECTED TO FUJIO MATSUDA, DIRECTOR OF TRANSPORTATION OF THE STATE OF HAWAII. IN THE MATTER OF THE APPLICATION OF ELLEN LOWE SHAM, ON BEHALF OF HERSELF, ALL THE TAXPAYERS OF THE STATE OF HAWAII AND ALL MEMBERS OF THE PUBLIC AT LARGE WHO UTILIZE AIR TRANSPORTATION WITHIN THE STATE OF HAWAII, FOR A WRIT OF MANDAMUS DIRECTED TO FUJIO MATSUDA, DIRECTOR OF TRANSPORTATION OF THE STATE OF HAWAII.

Supreme Court of Hawaii.

May 27, 1964.

Attorney(s) appearing for the Case

J. Russell Cades (Edward Y.C. Chun on the brief, Fong, Miho, Choy & Robinson and Smith, Wild, Beebe & Cades of counsel) for plaintiffs-appellants.

Willson C. Moore, Jr., Special Deputy Attorney General, (Bert T. Kobayashi, Attorney General, with him on the briefs) for defendant-appellee.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.

OPINION OF THE COURT BY LEWIS, J.

In the court below two actions were brought, one by an unsuccessful bidder for the contract here involved, and the other by a taxpayer. The unsuccessful bidder, Air Terminal Services, is a foreign corporation and not a taxpayer of this State.

The contract was for installing, equipping and operating the food and beverage facilities concession at the new Honolulu International Airport terminal facilities. The successful bidder...

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