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STATE v. MIDKIFF

No. 4415.

421 P.2d 550 (1966)

STATE of Hawaii, By Bert T. KOBAYASHI, its Attorney General, v. Frank E. MIDKIFF et al., Trustees under the Will and of the Estate of Bernice P. Bishop, Deceased.

Supreme Court of Hawaii.

December 5, 1966.

Attorney(s) appearing for the Case

Kenneth K. Saruwatari, Asst. Atty. Gen. (Bert T. Kobayashi, Atty. Gen., Jon J. Chinen and Clinton R. Ashford, Sp. Deputy Attys. Gen., with him on the briefs), for appellant.

J. Garner Anthony, Honolulu (Burnham H. Greeley, Honolulu, with him on the briefs: Robertson, Castle & Anthony, Honolulu, of counsel), for respondent.

Before RICHARDSON, C. J., CASSIDY, WIRTZ, and LEWIS, JJ., and KITAOKA, Circuit Judge in place of MIZUHA, J., disqualified.

LEWIS, Justice.

The State seeks to eject the trustees of the Bishop Estate from 857 acres of land in the District of Ewa, Island of Oahu, contending that this land was not awarded by the Land Commission, or by the Minister of Interior under the Acts of August 24, 1860 and December 16, 1892 (S.L.1860, p. 27; S.L.1892, c. 68), and remains the property of the government under the doctrine of Thurston v. Bishop, 7 Haw. 421 (1888). It appeals from a summary judgment which...

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