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FLEMING v. NAPILI KAI, LTD.

No. 4510.

430 P.2d 316 (1967)

David A. FLEMING, Alice S. Fleming and Lyons K. Naone, Jr., Clerk of the Circuit Court of the Second Circuit, State of Hawaii, v. NAPILI KAI, LTD., a corporation, on Behalf of Itself and all others similarly situated, J. C. Millar & Associates, Ltd., a Corporation, and J. C. Millar.

Supreme Court of Hawaii.

July 20, 1967.

Attorney(s) appearing for the Case

Frank D. Padgett, Padgett & Greeley, Honolulu, William F. Crockett, Crockett & Langa, Wailuku, for appellants.

James H. Lack and Meyer M. Ueoka, Wailuku, for respondents.

Before RICHARDSON, C. J., MIZUHA, MARUMOTO and ABE, JJ., and Circuit Judge KING in place of LEVINSON, J., on vacation.

ABE, Justice.

This proceeding was instituted in the Circuit Court of the Second Circuit by the plaintiffs-appellees to enjoin the defendants-appellants from digging and excavating Hui Road "G" and converting the roadway into a drainage ditch and also to compel the defendants to restore Hui Road "G" to the condition that existed prior to the excavation of the roadway by defendants.

All the parties to the proceeding, except Lyons K. Naone, Jr., are owners or...

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