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STATE v. CONEY

No. 4197.

372 P.2d 348 (1962)

STATE of Hawaii, by Shiro KASHIWA, its Attorney General (Formerly Territory of Hawaii, by Edward N. Sylva, its Attorney General) v. George M. CONEY, Gertrude Florence Coney, Martha M. Coney, William A. Coney, Clarissa P. C. Gerdes, Schuman Carriage Company, Limited.

Supreme Court of Hawaii.

June 7, 1962.

Attorney(s) appearing for the Case

D. N. Ingman, Honolulu, for defendants-appellants.

Robert K. Richardson, Deputy Atty. Gen. (Shiro Kashiwa, Atty. Gen., with him on the brief), Honolulu, for plaintiff-appellee.

TSUKIYAMA, C. J., WIRTZ, J., TASHIRO, Circuit Judge, in place of CASSIDY, J., disqualified, MONDEN, Circuit Judge, in place of LEWIS, J., disqualified, and KING, Circuit Judge, in place of MIZUHA, J., disqualified.

TASHIRO, Circuit Judge.

This is an action in eminent domain filed by plaintiff-appellee, hereinafter called the State, on October 9, 1956. The original action involved the condemnation of three parcels for the Civic Center at Honolulu, two of which were owned by Schuman Carriage Company, Limited. However, by stipulation dated September 3, 1959, the State and Schuman Carriage agreed as to the amount of compensation and damages...

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