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STATE v. ZIMRING

No. 4906.

479 P.2d 205 (1970)

STATE of Hawaii, by its Attorney General, Bert T. Kobayashi, Plaintiff-Appellee, v. Maurice ZIMRING et al., Defendants, and Maurice Zimring and Molly D. Zimring, Appellants. Maurice ZIMRING and Molly D. Zimring, Third-Party Plaintiffs, v. ISLAND TITLE AND ESCROW CO., Inc., an Hawaiian Corporation, Third-Party Defendant.

Supreme Court of Hawaii.

December 31, 1970.

Attorney(s) appearing for the Case

Helen B. Ryan, Honolulu (Ryan & Ryan, Honolulu, of counsel), for defendants-appellants.

Alana W. Lau, Deputy Atty. Gen. of Hawaii (Bertram T. Kanbara, Atty. Gen., with her on the brief), for plaintiff-appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE and LEVINSON, JJ., and OGATA, Circuit Judge in place of KOBAYASHI, J., disqualified.

MARUMOTO, Justice.

This is an interlocutory appeal by Maurice Zimring and Molly Zimring, defendants, from the order of the third circuit court granting the motion of the State of Hawaii to dismiss their counterclaims in its action to quiet title to approximately 7.9 acres of land created by the Puna volcanic eruption of 1955, mentioned in State v. Zimring, 52 Haw. 472, 479 P.2d 202 (1970).

The Zimrings made two counterclaims...

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