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HONOLULU RAPID TRANSIT COMPANY v. DOLIM

No. 71-1216.

459 F.2d 551 (1972)

HONOLULU RAPID TRANSIT COMPANY, Limited, et al., Plaintiffs-Appellants, v. Lorrin M. DOLIM et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

April 11, 1972.

Attorney(s) appearing for the Case

Francis N. Marshall (argued), Walter R. Allen, James B. Atkin, of Pillsbury, Madison & Sutro, San Francisco, Cal., Howard K. Hoddick, Peter G. Wheelon, of Anthony, Waddoups, Hoddick & Brown, Honolulu, Hawaii, for plaintiffs-appellants.

Harry S. Y. Kim, Deputy Atty. Gen. (argued), Bertram T. Kanbara, Atty. Gen., Honolulu, Hawaii, Paul Devens (argued), Honolulu, Hawaii, Robert M. Ehrhorn, Jr. (argued), David Y. Mar, Honolulu, Hawaii, for defendants-appellees.

Before MERRILL and DUNIWAY, Circuit Judges, and BELLONI, District Judge.

MERRILL, Circuit Judge:

Honolulu Rapid Transit (HRT) is a Hawaii corporation that provides public transportation services in the City of Honolulu. It was formed in 1898, when it received its first franchise from the Territory of Hawaii to operate a public street railway. With expiration of the franchise due within a few years the Legislature of Hawaii in 1921 enacted a new franchise, Act 186 Session Laws of Hawaii, 1921, which was duly approved by the Congress

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