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EXCELSIOR LODGE NUMBER ONE, INDEPENDENT v. EYECOR, LTD.

Nos. 15435, 15658.

847 P.2d 652 (1992)

EXCELSIOR LODGE NUMBER ONE, INDEPENDENT ORDER OF ODD FELLOWS, a Hawaii eleemosynary corporation, Applicant-Appellee, v. EYECOR, LTD., a Hawaii corporation, Respondent-Appellant, and Atkinson Tower, Inc., a Hawaii corporation, Respondent. EXCELSIOR LODGE NUMBER ONE, INDEPENDENT ORDER OF ODD FELLOWS, a Hawaii eleemosynary corporation, Applicant-Appellee, v. EYECOR, LTD., a Hawaii corporation, and Atkinson Tower, Inc., a Hawaii corporation, Respondents-Appellants.

Supreme Court of Hawaii.

December 15, 1992.

Attorney(s) appearing for the Case

G. Stephen Elisha, Philip L. Lahne and Richard S. Ekimoto, Dinman, Nakamura, Elisha & Lahne, Honolulu, for respondents-appellants Eyecor, Ltd. and Atkinson Tower, Inc.

Rosemary T. Fazio and Keith Yonamine, Ashford & Wriston, Honolulu, for applicant-appellee Excelsior Lodge Number One, Independent Order of Odd Fellows.

Before LUM, C.J., MOON and LEVINSON, JJ., YIM, Circuit Judge in place of WAKATSUKI, J., deceased, and SPENCER, Circuit Judge in place of KLEIN, J., recused.

MOON, Justice.

Petitioner-appellee Excelsior Lodge Number One, Independent Order of Odd Fellows (Excelsior) and respondent-appellant Eyecor, Ltd. (Eyecor) are lessor and lessee, respectively, of a parcel of land underlying 419A Atkinson Drive in Honolulu. Respondent-appellant Atkinson Tower, Inc. (Tower) is a cooperative housing corporation and Eyecor's sublessee. As the result of a rental dispute between Excelsior and Eyecor, an arbitration proceeding provided for...

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