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KAISER HAWAII KAI DEVELOPMENT CO. v. MURRAY

No. 4444.

412 P.2d 925 (1966)

KAISER HAWAII KAI DEVELOPMENT CO., a Nevada Corporation, v. Edwin P. MURRAY, Frank E. Midkiff, Atherton Richards, Richard Lyman, Jr., and Herbert K. Keppeler, Trustees under the Will and of the Estate of Bernice P. Bishop, Deceased.

Supreme Court of Hawaii.

April 11, 1966.

Attorney(s) appearing for the Case

Ernest C. Moore, Jr., Honolulu, Moore, Silberman & Schulze, Honolulu, of counsel, for appellant.

J. Garner Anthony, Honolulu, Robertson, Castle & Anthony, Honolulu, of counsel, for respondent.

Before CASSIDY, WIRTZ, LEWIS and MIZUHA, JJ., and Circuit Judge FAIRBANKS assigned by reason of vacancy.

LEWIS, Justice.

By submission pursuant to R.L.H.1955, c. 227, the parties have presented for determination a question arising under an agreement dated April 27, 1961, between the trustees of the Estate of Bernice P. Bishop, hereinafter referred to as "Bishop," and Kaiser Hawaii Kai Development Co., hereinafter referred to as "Hawaii Kai."

The agreement is appended to and made a part of the submission. It provides that Hawaii Kai is to develop, improve and...

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