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STATE v. HAWAIIAN DREDGING CO.

Nos. 4277, 4347.

48 Haw. 152 (1964)

397 P.2d 593

STATE OF HAWAII v. HAWAIIAN DREDGING COMPANY, ET AL., AND JUE ANAMI, DAVID KAKALIA, KOMAYE OISHI, ET AL.

Supreme Court of Hawaii.

November 27, 1964.

Attorney(s) appearing for the Case

Arthur K. Trask (Kinji Kanazawa and John R. Desha II on the briefs) for Intervenors-Appellants.

Clinton R. Ashford, Special Deputy Attorney General (Shiro Kashiwa, Attorney General, with him on the brief) for Petitioner-Appellee.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, JJ., CIRCUIT JUDGE OKINO IN PLACE OF LEWIS, J., DISQUALIFIED, AND CIRCUIT JUDGE JAMIESON IN PLACE OF MIZUHA, J., DISQUALIFIED.

OPINION OF THE COURT BY WIRTZ, J.

On August 29, 1941, the Territory of Hawaii instituted a condemnation action in aid of the Keehi Lagoon transpacific seaplane harbor.

The area under condemnation was the sea fishery of Mokauea in Keehi Lagoon. When the action was filed the Territory alleged that the only outstanding private rights in the area were fishing rights and ownership of Kahakaaulana Island (L.C.A. 10611 to Puhene) in the fishery. However, defendant...

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