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UNITED STATES v. KAISER AETNA

Nos. 76-2400, 76-1968.

584 F.2d 378 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. KAISER AETNA, Bernice P. Bishop Estate, Richard Lyman, Jr., Hung Wo Ching, Frank E. Midkiff, Matsuo Takabuki, Myron B. Thompson, Trustees of the Bernice P. Bishop Estate, Hawaii-Kai Development Co., Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellee, v. KAISER AETNA, Bernice P. Bishop Estate, Richard Lyman, Jr., Hung Wo Ching, Frank E. Midkiff, Matsuo Takabuki, Myron B. Thompson, Trustees of the Bernice P. Bishop Estate, Hawaii-Kai Development Co., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

August 11, 1978.

Attorney(s) appearing for the Case

Kathryn A. Oberly, Atty. (argued), Dept. of Justice, Washington, D.C., for the U.S.

R. Charles Bocken (argued), of Damon, Shigekane, Key & Char, G. Richard Morry (argued), of Conroy, Hamilton, Gibson, Nickelsen & Rush, Honolulu, Hawaii, for Kaiser Aetna et al.

Before MERRILL, CUMMINGS, and SNEED, Circuit Judges.

MERRILL, Circuit Judge:

Cross-appeals have been taken from judgment of the district court. The United States, as plaintiff, has secured a declaratory judgment establishing that the waters of Kaupa Pond on the Island of Oahu, Hawaii, are navigable waters of the United States, and that under § 10 of the Rivers and Harbors Act, 33 U.S.C. § 403 (1970),1 the owner and the lessee of underlying...

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