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STATE v. KAHUA RANCH, LIMITED

No. 4211.

390 P.2d 737 (1964)

STATE of Hawaii v. KAHUA RANCH, LIMITED.

Supreme Court of Hawaii.

March 31, 1964.

Attorney(s) appearing for the Case

Frank D. Padgett, Honolulu (Robertson, Castle & Anthony, Honolulu, on the briefs), for defendant-appellant.

Bert Kobayashi, Atty. Gen., and Andrew S. O. Lee, Deputy Atty. Gen. (Shiro Kashiwa, Atty. Gen., and Morio Omori, Sp. Deputy Atty. Gen., on the brief), for plaintiff-appellee.

Before TSUKIYAMA, C. J., CASSIDY and WIRTZ, JJ., JAMIESON, Circuit Judge, in place of LEWIS, J., disqualified, and HAWKINS, Circuit Judge, in place of MIZUHA, J., disqualified.

WIRTZ, Justice.

By decision dated July 1, 1963, in 47 Haw. 28, 384 P.2d 581, this court, after holding that reformation of the public lease in question would not lie, concluded by stating: "Reversed and remanded for entry of judgment for defendant, dismissing the bill for reformation."

A petition for rehearing was filed on July 11, 1963, and after consideration of the reply to the petition...

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