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THE NATURE CONSERVANCY v. NAKILA

No. 8245.

671 P.2d 1025 (1983)

THE NATURE CONSERVANCY, Substituted Plaintiff and Defendant-Appellee, v. Makanui NAKILA, aka Benj. M. Nakila, or his heirs; Emily Kiaaina, or her heirs; Keaho, or his heirs; Namokuelua, or her heirs; Poonika, aka F.C. Poonika, or his heirs; Hee, or her heirs; Keko Alapai, or his heirs; Kalawaia 1, or his heirs; Kapule, or his heirs; Kekua, or his heirs; Kuaana, or his heirs; Poealii, or his heirs; Pulehua, or his heirs; Kaaipuaa, or his heirs; Nainoaelua, or his heirs; State of Hawaii; United States of America; Robert E. Willison; Eleanor B. Willison; County of Maui; and to all whom it may concern, Defendants; Mary B. Drummond and Mildred C. Drummond, Defendants-Appellants; Hana Ranch, Inc., Defendant-Appellee; and Kipahulu Investment Company, Intervenor.

Intermediate Court of Appeals of Hawaii.

October 31, 1983.

Attorney(s) appearing for the Case

Yuklin Aluli, Honolulu, for claimant-appellant Andrew Nakila.

Edward C. Kemper, Honolulu (Kemper & Watts, Honolulu, of counsel), for defendants-appellants Mary B. Drummond and Mildred C. Drummond.

David Waters, Honolulu (William C. McCorriston, Honolulu, with him on the briefs; Goodsill, Anderson & Quinn, Honolulu, of counsel), for substituted plaintiff and defendant-appellee The Nature Conservancy.

William F. Crockett, Wailuku (Crockett & Nakamura, Wailuku, of counsel), for defendant-appellee Hana Ranch, Inc.

Before BURNS, C.J., TANAKA, J., and RONALD T.Y. MOON, Circuit Judge, in place of HEEN, J., recused.

TANAKA, Judge.

The appeals in this case are (1) by claimant Andrew Nakila (Nakila) from an order denying his motion to set aside an entry of default and (2) by defendants Mary B. and Mildred C. Drummond (collectively the Drummonds) from the judgment. The judgment (a) declared that plaintiff Jean Waggoner Stehlin (Stehlin)1 and defendant The Nature Conservancy (TNC) are the owners of an undivided 85% interest in the land covered by Royal...

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