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STATE BY KOBAYASHI v. ZIMRING

No. 5522.

566 P.2d 725 (1977)

STATE of Hawaii, By its Attorney General, Bert T. KOBAYASHI, Plaintiff-Appellant, v. Maurice ZIMRING et al., Defendants-Appellees. Maurice ZIMRING and Molly D. Zimring, Third-Party Plaintiffs, v. ISLAND TITLE AND ESCROW CO., INC., an Hawaiian Corporation, Third-Party Defendant. Francis G. RUDDLE et al., Third-Party Plaintiffs, v. ISLAND TITLE AND ESCROW CO., INC., Third-Party Defendant.

Supreme Court of Hawaii.

June 22, 1977.

Attorney(s) appearing for the Case

Andrew S.O. Lee and Edwin P. Watson, Deputy Attys. Gen., Honolulu, for plaintiff-appellant.

Franklin E. Zimring, Molly D. Zimring, Hilo, for appellees.

Ivan Lui Kwan, Carlsmith, Carlsmith, Wichman & Case, Hilo, for third-party plaintiffs.

Before RICHARDSON, C.J., OGATA, J., VITOUSEK, Circuit Judge, for KOBAYASHI, J., disqualified, HAYASHI, Circuit Judge, for MENOR, J., disqualified, and KATO, Circuit Judge, for the vacancy.

RICHARDSON, Chief Justice.

The State of Hawaii, plaintiff-appellant, seeks to quiet title1 in itself as against Maurice and Molly Zimring, defendants-appellees, and their predecessors-in-interest to approximately 7.9 acres of new land added to the acreage of the island of Hawaii when the Puna volcanic eruption of 1955 overflowed the shoreline and extended it. Hereinafter, this new land and similarly created new lands which extend the shoreline...

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