IN RE SAM DAILY REALTY, INC.

Bankruptcy No. 84-00542, Adv. No. 85-0173.

57 B.R. 83 (1985)

In re SAM DAILY REALTY, INC., Debtor. SAM DAILY REALTY, INC., Plaintiff, v. DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, STATE OF HAWAII and Russell S. Nagata, in his capacity as Director of the Department of Commerce and Consumer Affairs, State of Hawaii, Defendants.

United States Bankruptcy Court, D. Hawaii.

December 10, 1985.


Attorney(s) appearing for the Case

Terry L. Day, Honolulu, Hawaii, for plaintiff.

Clifford Higa, Honolulu, Hawaii, for defendants.


MEMORANDUM DECISION ON EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER; MOTION FOR PRELIMINARY INJUNCTION

JON J. CHINEN, Bankruptcy Judge.

The facts of this case are largely undisputed. Sam Daily Realty, Inc. (hereinafter "Daily"), filed a petition for reorganization under Chapter 11 of the Bankruptcy Code on November 11, 1984.

On or about March 2, 1984, the Department of Commerce and Consumer Affairs, State of Hawaii (hereinafter "DCCA") initiated...

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