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KAISER HAWAII KAI DEV. CO. v. MURRAY

No. 4444.

49 Haw. 214 (1966)

412 P.2d 925

KAISER HAWAII KAI DEVELOPMENT CO., A NEVADA CORPORATION v. EDWIN P. MURRAY, FRANK E. MIDKIFF, ATHERTON RICHARDS, RICHARD LYMAN, JR. AND HERBERT K. KEPPELER, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF BERNICE P. BISHOP, DECEASED.

Supreme Court of Hawaii.

April 12, 1966.

Attorney(s) appearing for the Case

Ernest C. Moore, Jr. (Moore, Silberman & Schulze of counsel) for plaintiff.

J. Garner Anthony (Robertson, Castle & Anthony of counsel) for defendants.

CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ., AND CIRCUIT JUDGE FAIRBANKS ASSIGNED BY REASON OF VACANCY.

APPENDIX TO OPINION OF THE COURT.

EXCERPTS FROM AGREEMENT OF APRIL 27, 1961 BETWEEN KAISER HAWAII KAI DEVELOPMENT CO. AND TRUSTEES OF THE ESTATE OF BERNICE P. BISHOP.

"ARTICLE C. REAL PROPERTY TAXES.

"Section C-1. BISHOP shall out of its own funds pay all real property taxes assessed against The Land not paid by lessees, which payment shall not be treated as paid out pursuant to the provisions...

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