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MATTER OF APPLICATION OF ISLAND AIRLINES, INC.

No. 4339.

47 Haw. 87 (1963)

384 P.2d 536

IN THE MATTER OF THE APPLICATION OF ISLAND AIRLINES, INCORPORATED.

Supreme Court of Hawaii.

July 22, 1963.

Attorney(s) appearing for the Case

Richard K. Sharpless (Lewis, Buck & Saunders of counsel) for intervenor-appellant Hawaiian Airlines, Inc.

Herbert Y.C. Choy (Fong, Miho, Choy & Robinson of counsel) for intervenor-appellant Aloha Airlines, Inc.

Frank D. Padgett (Robertson, Castle & Anthony of counsel) for applicant-appellee Island Airlines, Inc.

Arthur S.K. Fong, Deputy Attorney General (Bert T. Kobayashi, Attorney General, with him on the briefs), for Public Utilities Commission, appellee.

O.D. Ozment, Associate General Counsel, (Lee Loevinger, Assistant Attorney General, Richard A. Solomon, Attorney, Department of Justice, John H. Wanner, General Counsel, Joseph B. Goldman, Deputy General Counsel, Arthur R. Schor and William F. Becker, Attorneys, with him on the brief) for Civil Aeronautics Board, amicus curiae.

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

OPINION OF THE COURT BY WIRTZ AND LEWIS, JJ.

This opinion, supplementing the opinion of June 21, 1963, explains our holding on the first ground of intervenors' motions before the Public Utilities Commission,1 which sought dismissal of Island Airlines' application for approval of rates and capitalization to operate a public utility business as a carrier of passsengers by air between the islands of Oahu, Maui, Hawaii and Kauai, subsequently...

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