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KIYOICHI FUJIKAWA v. SUNRISE SODA WATER WORKS CO.

No. 11081.

158 F.2d 490 (1946)

KIYOICHI FUJIKAWA et al. v. SUNRISE SODA WATER WORKS CO. et al. CLARK, Atty. Gen., v. SAME.

Circuit Court of Appeals, Ninth Circuit.

December 5, 1946.

Attorney(s) appearing for the Case

Montgomery E. Winn and R. K. Murakami, both of Honolulu, T. H. (Vitousek, Pratt & Winn and Murakami & Marumoto, all of Honolulu, T. H., of counsel), for appellants, minority stockholders.

John F. Sonnett, Asst. Atty. Gen., Harry LeRoy Jones and M. S. Isenbergh, Sp. Assts., to the Atty. Gen., David Schwartz, Chief Trial Atty., Dept. of Justice, of Washington, D. C., Ray J. O'Brien, U. S. Atty., Edward A. Towse, Asst. U. S. Atty., both of Honolulu, T. H. (Raoul Berger, Gen. Counsel to Alien Prop. Custodian, of Washington, D. C., of counsel), for T. C. Clark, Atty. Gen.

E. J. Botts and Shiro Kashiwa, both of Honolulu, T. H., for appellees.

Before DENMAN, HEALY, and ORR, Circuit Judges.

DENMAN, Circuit Judge.

These are appeals by the stockholders of Pacific Bank, Inc., and by its receiver from a declaratory judgment in a suit brought by the receiver in which the district court (a) found that the liquidated assets of the bank, after the payment of 100 percent of the claims of its depositors and creditors, were sufficient to pay a statutory 6 percent interest on the claims; and (b) ordered the payment of interest upon the claims for a period from the...

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