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EMP. RETIREMENT SYSTEM OF STATE v. AINA ALII

Nos. 7584, 7777.

643 P.2d 65 (1982)

EMPLOYEES' RETIREMENT SYSTEM OF the STATE of Hawaii, Plaintiff-Appellee, v. AINA ALII, INC., Albert-Lovett Company, Bank of Hawaii, Richard C. Ching, Lucy Ching, City and County of Honolulu, Hawaiian Electric Company, Inc., Income Builders, Inc., Andrew Douglas Jackson, Katherine Cole Jackson, Mitsuyuki Kido, Shigeko Kido, Miu Hin Leong, Liberty Bank Substituted by United States of America, Kwan Hi Lim, Luk, Inc., Sonia Soberg Maas, Vivian Markham, Est. of Substituted by Bishop Trust Co., Ltd., Metropolitan Life Insurance Company, Queen's Medical Center, Florence DuBois Simms, THC Financial Corp., Waikiki Development Co., Inc., the United States of America, Gordon Y.H. Wong and Dorothy Wray, Defendants, and Nahua Associates, Defendant-Intervenor. Charles MACK dba Ancestral Arts, Appellant, v. James H. KNAEFLER, Receiver-Appellee. EMPLOYEES' RETIREMENT SYSTEM OF the STATE of Hawaii, Plaintiff-Appellee, v. AINA ALII, INC., Albert-Lovett Company, Bank of Hawaii, Richard C. Ching, Lucy Ching, City and County of Honolulu, Hawaiian Electric Company, Inc., Income Builders, Inc., Andrew Douglas Jackson, Katherine Cole Jackson, Mitsuyuki Kido, Shigeko Kido, Miu Hin Leong, Liberty Bank Substituted by United States of America, Kwan Hi Lim, Luk, Inc., Sonia Soberg Maas, Vivian Markham, Est. of Substituted by Bishop Trust Co., Ltd., Metropolitan Life Insurance Company, Queen's Medical Center, Florence DuBois Simms, THC Financial Corp., Waikiki Development Co., Inc., the United States of America, Gordon Y.H. Wong and Dorothy Wray, Defendants, and Nahua Associates, Defendant-Intervenor. Marvin MAGEE, Young Kwon Kim, Sook Hyun Kim, Oahu Foto Factory, Ltd., Charles Mack and Janice Mack, dba Ancestral Arts, Intervenors-Appellants, v. James H. KNAEFLER, Receiver-Appellee.

Supreme Court of Hawaii.

Reconsideration Denied April 15, 1982.

Attorney(s) appearing for the Case

Wesley H. Sakai, Honolulu (Jay M. Fidell, Honolulu, with him on the briefs, Bendet & Fidell, Honolulu, of counsel), for Macks.

Hiroshi Sakai, Honolulu (Ralph H. Sahara, Honolulu, with him on the brief), for Svirsky.

Kemper & Watts, Honolulu (Edward C. Kemper, Honolulu, on the brief), for Magee, et al.

Woo, Kessner & Duca, Honolulu (James M. Duca, Honolulu, on the brief), for Oahu Foto Factory.

Before LUM, Acting C.J., NAKAMURA, J., OGATA, Retired Justice, in place of RICHARDSON, C.J., absent, and HAYASHI and PADGETT, Intermediate Court of Appeals Judges, Assigned by reason of vacancies.

Appellants Charles and Janice Mack's Reconsideration Denied April 15, 1982.

PER CURIAM.

These are appeals from two orders entered below in a foreclosure action concerning a sublease. Appellants claim to be sub-sublessees. In 7584, they appeal from an order instructing the receiver of the sublease not to execute a sub-sublease with appellants and to collect from appellants back rentals. In 7777, they appeal from an order denying a motion to intervene. We affirm...

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