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FLEMING v. NAPILI KAI, LTD.

No. 4510.

50 Haw. 66 (1967)

430 P.2d 316

DAVID A. FLEMING, ALICE S. FLEMING AND LYONS K. NAONE, JR., CLERK OF THE CIRCUIT COURT OF THE SECOND CIRCUIT, STATE OF HAWAII, v. NAPILI KAI, LTD., A CORPORATION, ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY SITUATED, J.C. MILLAR & ASSOCIATES, LTD., A CORPORATION, AND J.C. MILLAR.

Supreme Court of Hawaii.

July 20, 1967.

Attorney(s) appearing for the Case

Frank D. Padgett (Padgett & Greeley and Crockett & Langa of counsel) for defendants-appellants.

James H. Lack (Meyer M. Ueoka of counsel) for plaintiffs-appellees.

RICHARDSON, C.J., MIZUHA, MARUMOTO, ABE, JJ., AND CIRCUIT JUDGE KING IN PLACE OF LEVINSON, J., ON VACATION.

OPINION OF THE COURT BY ABE, J.

This proceeding was instituted in the Circuit Court of the Second Circuit by the plaintiffs-appellees to enjoin the defendants-appellants from digging and excavating Hui Road "G" and converting the roadway into a drainage ditch and also to compel the defendants to restore Hui Road "G" to the condition that existed prior to the excavation of the roadway by defendants.

All the parties to the proceeding, except Lyons K. Naone,...

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