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CAMPBELL v. DePONTE

No. 5597.

560 P.2d 1303 (1977)

James S. CAMPBELL and Phoebe P. Campbell, Plaintiffs-Appellees, v. Louis DePONTE, Sr., Defendant-Appellant, and The unknown heirs of Kealokai Kukahiko aka Mrs. Kealokai Kalehaeha, et al., Defendants.

Supreme Court of Hawaii.

March 3, 1977.

Attorney(s) appearing for the Case

Robert B. Bunn (Cades Schutte Fleming & Wright of counsel) for plaintiffs-appellees.

Joseph A. Ryan, Honolulu (Ryan & Ryan, Honolulu, of counsel), for defendant-appellant, for the petition.

Before RICHARDSON, C.J., and KOBAYASHI, OGATA and KIDWELL, JJ., and LANHAM, Circuit Judge, in place of MENOR, J., disqualified.

PER CURIAM.

Appellant has petitioned for rehearing. It is asserted that we were in error in reciting, in the opinion, that the death of the last surviving grantee of the 1902 deed occurred before the filing of this action. We have reexamined the amended findings of fact, filed by the Circuit Court on June 15, 1972, and conclude that the date of the death of Ane(w) (Mrs. Annie Foo Sum), who is alleged to have been the last surviving grantee, cannot be determined therefrom...

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