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WATERHOUSE v. CAPITAL INVESTMENT CO.

No. 4051.

353 P.2d 1007 (1960)

John T. WATERHOUSE v. CAPITAL INVESTMENT CO., Ltd., Makaha Valley Farms, Limited, Makaha Beach Company, Limited and Hawaiian Resorts, Ltd.

Supreme Court of Hawaii.

Rehearing Denied May 31, 1960.

Petition to Reconsider Petition for Rehearing Denied June 16, 1960.

Attorney(s) appearing for the Case

John E. Parks, Thomas W. Flynn, Honolulu, for appellant.

Leon L. M. Chun and Ingram M. Stainback, Honolulu (E. C. Peters, Honolulu, on the brief), for appellee Hawaiian Resorts, Ltd.

Heen, Kai & Dodge, Robert G. Dodge, Honolulu, for appellees Capital Inv. Co., Ltd., Makaha Valley Farms, Limited, and Makaha Beach Co., Limited.

Before TSUKIYAMA, C. J., CASSIDY, WIRTZ and LEWIS, JJ., and DYER, Circuit Judge in place of MARUMOTO, J., disqualified.

LEWIS, Justice.

This is an appeal from a summary judgment dismissing the action on a record consisting of the complaint and an affidavit filed by defendants-appellees.

Plaintiff-appellant filed his complaint on July 27, 1956, seeking the protection of equity for three parcels of land for which he holds a deed dated September 29, 1947, and seven parcels of land for which he holds a deed dated October 27, 1950, all ten parcels being beach lots located in a cove...

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