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MENASHE v. SUTTON, ET AL.

No. 2776.

38 Haw. 449 (1950)

JACK MENASHE v. MURAD A. SUTTON, MURAD A. SUTTON, TRUSTEE SUTTON TRUSTS, ADELE ANCONA SUTTON, CURTIS I. LERNER, JACK LERNER, MAX LEWIS, ALBERT LEWIS AND AUGUST R. BISHO.

Supreme Court of Hawai`i.

Opinions Rendered January 21, 1950.

Attorney(s) appearing for the Case

H.H. Moore (Pratt, Tavares & Cassidy with him on the brief) and

J.R. Cades (Smith, Wild, Beebe & Cades with him on the brief) for the motions.

W.F. Quinn (Robertson, Castle & Anthony with him on the brief) and

S. Shapiro, also on the brief, contra.

J.L. Coke and J.V. Hodgson, amici curiae, filed a brief but did not argue.

KEMP, C.J., AND LE BARON, J.

OPINION OF KEMP, C.J.

(Le Baron, J., concurring in part and dissenting in part.)

A vacancy in the office of associate justice of this court was created on July 11, 1949, when Associate Justice Cristy died.

The appellees in the above-entitled and numbered cause, having theretofore moved that the appeal be dismissed, filed two motions. In the first they moved that the court, acting by the chief justice and the associate justice thereof, enter an order...

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