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CITY AND COUNTY OF HONOLULU v. MIDKIFF

No. 6161.

616 P.2d 213 (1980)

CITY AND COUNTY OF HONOLULU, a Municipal Corporation, Plaintiff-Appellee, v. Frank Elbert MIDKIFF, Richard Lyman, Jr., Hung Wo Ching, Matsuo Takabuki, Trustees under the Will and of the Estate of Bernice Pauahi Bishop, Deceased, Defendants-Appellees, and Robert H. Snyder, Defendant-Appellant, and John J. Stanford, et al., Intervenors.

Supreme Court of Hawaii.

August 25, 1980.

Attorney(s) appearing for the Case

Peter A. Lee, Honolulu (Carl Tom, Honolulu, on the briefs, Oliver & Lee, Honolulu, of counsel), for defendant-appellant.

Samuel P. King, Jr., Deputy Corp. Counsel, City and County of Honolulu, Honolulu, for plaintiff-appellee.

Robert Bruce Graham, Jr., Honolulu (Hamilton, Gibson, Nickelsen, Rush & Moore, Honolulu, of counsel), for defendants-appellees.

Before RICHARDSON, C.J., and OGATA, MENOR, LUM and NAKAMURA, JJ.

OGATA, Justice.

Robert H. Snyder, defendant-appellant, appeals from the decisions of the First Circuit Court granting summary judgment to the City and County of Honolulu (hereinafter "City") and the Trustees Under the Will and of the Estate of Bernice Pauahi Bishop (hereinafter "Bishop Estate") in an eminent domain proceeding and a Crossclaim action arising therefrom.1

On March 20, 1974...

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