STATE v. MIDKIFF

No. 4415.

49 Haw. 252 (1966)

413 P.2d 249

STATE OF HAWAII, BY BERT T. KOBAYASHI, ITS ATTORNEY GENERAL vs. FRANK E. MIDKIFF, EDWIN P. MURRAY, ATHERTON RICHARDS, RICHARD LYMAN, JR., AND WILLSON C. MOORE, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF BERNICE P. BISHOP, DECEASED.

Supreme Court of Hawaii.

April 15, 1966.


Attorney(s) appearing for the Case

Kenneth K. Saruwatari, Assistant Attorney General (with Bert T. Kobayashi, Attorney General) for plaintiff.

J. Garner Anthony (Robertson, Castle & Anthony of counsel) for defendants.

RICHARDSON, C.J., CASSIDY, WIRTZ AND LEWIS, JJ. AND CIRCUIT JUDGE KITAOKA IN PLACE OF MIZUHA, J., DISQUALIFIED.


Per Curiam.

By a memorandum to counsel two questions were noted, and counsel were requested to express their views as to whether Justices Cassidy and Lewis are disqualified to sit in this case under R.L.H. 1955, § 213-3(a), as amended, which provides that no person shall sit as a judge in any case "in which he has been of counsel * * *." In reply to the memorandum counsel were in agreement that Justice Cassidy is not disqualified, and that Justice Lewis...

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