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STATE v. HAWAIIAN DREDGING COMPANY

Nos. 4277, 4347.

397 P.2d 593 (1964)

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, Honolulu (Kinji Kanazawa and John R. Desha, II, Honolulu, on the briefs), for intervenors-appellants.

Clinton R. Ashford, Special Deputy Atty. Gen. (Shiro Kashiwa, Atty. Gen., on the brief), for petitioner-appellee.

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

WIRTZ, Justice.

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 Hawaiian Dredging...

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