YOKOCHI v. YOSHIMOTO

No. 4071.

44 Haw. 297 (1960)

353 P.2d 820

ODIENE R. YOKOCHI AND CHARLES R. YOKOCHI v. WATSON T. YOSHIMOTO, OAHU CONSTRUCTION CO. LTD., A HAWAIIAN CORPORATION, JACK HAMADA, HELEN HAMADA, DON SHIRAKI, NORMA SHIRAKI, SATOMI YOSHIMURA, KIMIKO YOSHIMURA, HARRY IMAMURA, SAKAYO IMAMURA, TED KONDO, ALBERT HAMAMOTO AND GORDON GAU.

Supreme Court of Hawaii.

June 14, 1960.


Attorney(s) appearing for the Case

Genro Kashiwa (Shiro Kashiwa with him on the briefs) for appellants.

Thomas W. Flynn (also on the briefs) for appellee Watson T. Yoshimoto.

TSUKIYAMA, C.J., MARUMOTO, CASSIDY, WIRTZ AND LEWIS, JJ.


OPINION OF THE COURT BY WIRTZ, J.

This case is a stockholder's derivative suit filed under Rule 23(b) H.R.C.P. brought by plaintiffs-appellants, Charles R. and Odiene R. Yokochi, husband and wife, who will hereinafter be designated as "plaintiffs" or as "plaintiff-husband" or "plaintiff-wife," as the case may be.

Oahu Construction Co., Ltd., a Hawaii corporation, was established as of March 21, 1947, the two principal stockholders being defendant-appellee...

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