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PUBLIC UTIL. COM'N, ETC. v. HONLULU RAPID T. CO., LTD.

No. 5456.

530 P.2d 742 (1975)

PUBLIC UTILITIES COMMISSION, DEPARTMENT OF REGULATORY AGENCIES, State of Hawaii, Plaintiff-Appellant, v. HONOLULU RAPID TRANSIT COMPANY, LIMITED, a Hawaii Corporation, Defendant and Third-Party Plaintiff-Appellee, v. CITY AND COUNTY OF HONOLULU, a Hawaii Municipal Corporation and M.T.L., Inc., a Hawaii Corporation, Third-Party Defendants.

Supreme Court of Hawaii.

January 13, 1975.

Attorney(s) appearing for the Case

Harry S.Y. Kim, Deputy Atty. Gen. (George Pai, Atty. Gen., Honolulu, with him on the briefs), for appellant.

Arthur B. Reinwald and David A. Ezra, Honolulu (Anthony, Hoddick, Reinwald & O'Connor, Honolulu, of counsel), for appellee.

Before RICHARDSON, C.J., KOBAYASHI, OGATA and MENOR, JJ., and SHINTAKU, Circuit Judge, assigned by reason of vacancy.

RICHARDSON, Chief Justice.

This is an appeal by the Public Utilities Commission from summary judgment granted by the first circuit court in favor of Honolulu Rapid Transit Company, Limited.

Under HRS § 269-301 the Public Utilities Commission, hereinafter PUC, seeks to assess Honolulu Rapid Transit Company, these facts, the trial court found that HRT Limited, hereinafter HRT, one-eighth...

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