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STATE v. MIDKIFF

No. 4415.

49 Haw. 456 (1966)

421 P.2d 550

STATE OF HAWAII, by Bert T. Kobayashi, its Attorney General v. FRANK E. MIDKIFF, et al., Trustees under the Will and of the Estate of Bernice P. Bishop, Deceased.

Supreme Court of Hawaii.

December 5, 1966.

Attorney(s) appearing for the Case

Kenneth K. Saruwatari, Assistant Attorney General (Bert T. Kobayashi, Attorney General, Jon J. Chinen and Clinton R. Ashford, Special Deputy Attorneys General with him on the briefs) for plaintiff-appellant.

J. Garner Anthony (Burnham H. Greeley with him on the briefs, Robertson, Castle & Anthony of counsel) for defendants-appellees.

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

OPINION OF THE COURT BY LEWIS, J.

The State seeks to eject the trustees of the Bishop Estate from 857 acres of land in the District of Ewa, Island of Oahu, contending that this land was not awarded by the Land Commission, or by the Minister of Interior under the Acts of August 24, 1860 and December 16, 1892 (S.L. 1860, p. 27; S.L. 1892, c. 68), and remains the property of the government under the doctrine of Thurston v. Bishop, 7 Haw. 421 (1888). It...

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