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McBRYDE SUGAR COMPANY, LIMITED v. ROBINSON

No. 4879.

504 P.2d 1330 (1973)

McBRYDE SUGAR COMPANY, LIMITED, Plaintiff-Appellant, Cross-Appellee, v. Aylmer F. ROBINSON et al., Defendants-Appellees, Cross-Appellants.

Supreme Court of Hawaii.

January 10, 1973.

Attorney(s) appearing for the Case

J. Russell Cades and Robert B. Bunn, Honolulu (Cades Schutte Fleming & Wright, Honolulu, of counsel), for plaintiff-appellant-cross-appellee.

J. Garner Anthony and John H.R. Plews, Honolulu (Anthony & Waddoups, of counsel), for defendants-appellees-cross-appellants.

Andrew S.O. Lee, Deputy Atty. Gen. (Bert Kanbara, Atty. Gen., Honolulu, with him on briefs), for State of Hawaii, defendant-appellee, cross-appellant.

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

ABE, Justice.

This is an appeal from the judgment of the Circuit Court of the Fifth Circuit, which determined the water rights of parties who are owners of land situated in the Hanapepe Valley on the Island of Kauai. The trial lasted from May 5 through August 17, 1965. The record of this case includes transcript of testimony of witnesses comprising 3,483 pages and voluminous documentary exhibits.

In arriving at its decision, the trial court first determined...

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