SILVER v. CASTLE MEMORIAL HOSPITAL

No. 4998.

501 P.2d 60 (1972)

Maurice L. SILVER, M.D., Plaintiff-Appellant, v. CASTLE MEMORIAL HOSPITAL, a Hawaii non-profit corporation, et al., Defendants-Appellees.

Supreme Court of Hawaii.

September 21, 1972.


Attorney(s) appearing for the Case

Joseph A. Ryan, and Edward Y.N. Kim, Honolulu, Hawaii, for plaintiff-appellant, for the motion.

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


PER CURIAM.

Petitioner, in his motion to recall mandate, claims newly discovered evidence which disqualifies, as a matter of law, Justice Bert T. Kobayashi and Circuit Judge Betty M. Vitousek from sitting as justices in the above entitled case.

We are of the opinion that Petitioner's claim of newly discovered evidence is ill-advised and irresponsible. Petitioner has further failed to prove the applicability of the proscriptions of HRS § 601-7....

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