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MILLER v. LEADERSHIP HOUSING SYSTEMS, INC.

No. 6053.

555 P.2d 864 (1976)

Theodore Carl MILLER, Trustee for the use and benefit of Continental Mortgage Investors, and Continental Mortgage Investors, Plaintiffs-Appellees, v. LEADERSHIP HOUSING SYSTEMS, INC., Defendant-Appellant, and Hawaii Loa Ridge Nominee, Inc., Defendants.

Supreme Court of Hawaii.

October 14, 1976.

Attorney(s) appearing for the Case

Albert I. Moon, Jr., Honolulu, Hawaii (Ashford & Wriston, Honolulu, Hawaii, of counsel), for defendant-appellant.

Gilbert D. Butson and Peter G. Wheelon, Honolulu, Hawaii (Anthony, Hoddick, Reinwald & O'Connor, Honolulu, Hawaii, of counsel), for plaintiff-appellee.

Don J. Gelber, Honolulu, Hawaii, for receiver, amicus curiae.

Before RICHARDSON, C.J., KOBAYASHI, OGATA and MENOR, JJ., and FUKUSHIMA, Circuit Judge, in place of KIDWELL, J., disqualified.

OGATA, Justice.

Defendant-appellant Leadership Housing Systems, Inc., (hereinafter appellant) is one of several defendants named in a mortgage foreclosure action filed by plaintiffs-appellees Theodore Carl Miller, trustee for the use and benefit of Continental Mortgage Investors, a Massachusetts business trust, and Continental Mortgage Investors (hereinafter appellees). Appellant appeals from an interlocutory order of the trial court granting instructions and other...

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