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UNITED STATES v. 729.773 ACRES OF LAND, ETC.

Civ. No. 80-0504.

531 F.Supp. 967 (1982)

UNITED STATES of America, Plaintiff, v. 729.773 ACRES OF LAND, MORE OR LESS, SITUATE IN the CITY AND COUNTY OF HONOLULU, State of Hawaii; et al., Defendants.

United States District Court, D. Hawaii.

January 7, 1982.

Attorney(s) appearing for the Case

Emilia DeMeo, Asst. U. S. Atty., Wallace W. Weatherwax, U. S. Atty., Honolulu, Hawaii, for plaintiff.

Charles B. Dwight, III, Michael W. Gibson, Ashford & Wriston, Honolulu, Hawaii, for F. E. Trotter, Inc., W. H. McVay, Inc., P. R. Cassiday, Inc. and H. C. Cornuelle, Inc., trustees under the estate of James Campbell, deceased.

Philip J. Leas, Nancy J. Stivers, Cades, Schutte, Fleming & Wright, Honolulu, Hawaii, for Oahu Sugar Co., Ltd.

Grant Tanimoto, Deputy Atty. Gen., Tany S. Hong, Atty. Gen., State of Hawaii, Honolulu, Hawaii, for George Freitas, Director of Taxation, State of Hawaii.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO STRIKE

SAMUEL P. KING, District Judge.

I. Introduction

On September 16, 1980, the United States of America filed a Complaint in Condemnation (hereinafter referred to as the original complaint) to take certain property under its power of eminent domain. The real estate condemned is required for U. S. Naval purposes as an Explosive Safety Hazard Zone at the West Loch Branch of the U...

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