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WATERHOUSE v. CAP'L INV. CO. ET ALS.

No. 4051.

44 Haw. 235 (1960)

353 P.2d 1007

JOHN T. WATERHOUSE v. CAPITAL INVESTMENT CO., LTD., MAKAHA VALLEY FARMS, LIMITED, MAKAHA BEACH COMPANY, LIMITED AND HAWAIIAN RESORTS, LTD.

Supreme Court of Hawaii.

April 13, 1960.

Attorney(s) appearing for the Case

John E. Parks and Thomas W. Flynn (also on the briefs) and Richard C. Sutton for appellant.

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

Heen, Kai and Dodge for appellees Capital Investment Co., Ltd., Makaha Valley Farms, Limited, and Makaha Beach Company, Limited filed no briefs. Robert G. Dodge present but did not argue.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS, JJ., AND CIRCUIT JUDGE DYER IN PLACE OF MARUMOTO, J., DISQUALIFIED.

OPINION OF THE COURT BY LEWIS, J.

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...

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