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IN RE KONA HAWAIIAN ASSOCIATES

Bankruptcy No. 83-00363, Adv. No. 83-0227.

41 B.R. 189 (1984)

In re KONA HAWAIIAN ASSOCIATES, Debtor, Richard LYMAN, Jr., Myron Thompson, Matsuo Takabuki, and William S. Richardson, Trustees of the Estate of Bernice Pauahi Bishop, Deceased, Plaintiffs, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Genstar Mortgage Corporation and MGIC Financial Corporation, Defendants.

United States Bankruptcy Court, D. Hawaii.

June 13, 1984.

Attorney(s) appearing for the Case

Susan Tius, Honolulu, Hawaii, for Bishop Estate.

Ton Seek Pai, Gary Okuda, Honolulu, Hawaii, for debtor.

Jerrold Guben, Honolulu, Hawaii, for Mortgagees.

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

JON J. CHINEN, Bankruptcy Judge.

The Trustees of the Estate of Bernice Pauahi Bishop (hereafter "Bishop Estate") are holders of the fee simple interest and lessors to Kona Hawaiian Associates (hereafter "Debtor") of that certain leasehold interest upon which Debtor developed and now operates the Kona Lagoon Hotel. In 1972, Hawaii Western Mortgage Corporation in consideration for a $7.5 Million loan to Debtor...

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