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SOUZA v. ESTATE OF BISHOP

821 F.2d 1332 (1987)

Albert SOUZA and Seiyei Matsuda, etc., Plaintiffs, and Valentine Merseberg and Ruth Chun, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. ESTATE OF Bernice Pauahi BISHOP and its Trustees Frank E. Midkiff, Richard Lyman, Jr., Hung Wo Ching, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 16, 1986.

Withdrawn July 9, 1987.

Decided July 9, 1987.

Attorney(s) appearing for the Case

Goldstein & Phillips and Alvin H. Goldstein, Jr., and Charles Wisch, San Francisco, Cal., Kemper & Watts and Thomas T. Watts, Honolulu, Hawaii, for plaintiffs-appellants.

G. Richard Morry, David J. Reber, Martin Anderson, Honolulu, Hawaii, and Richard E. Sherwood, Los Angeles, Cal., for defendants-appellees.

Before FERGUSON, CANBY and HALL, Circuit Judges.

ORDER

This court's previous opinion in this case, reported at 799 F.2d 1327, is withdrawn, and the attached opinion is filed as the opinion of the court in this case.

OPINION

CANBY, Circuit Judge:

Plaintiffs separately own two single family residences located on leased property owned by the Bishop Estate in Hawaii. In what appears to be a novel theory under...

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