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EXCELSIOR LODGE NO. ONE v. EYECOR, LTD.

Nos. 15435, 15658.

847 P.2d 667 (1992)

EXCELSIOR LODGE NUMBER ONE, INDEPENDENT ORDER OF ODD FELLOWS, a Hawaii eleemosynary corporation, Applicant-Appellee, v. EYECOR, LTD., a Hawaii corporation, Respondent-Appellant, and Atkinson Tower, Inc., a Hawaii corporation, Respondent. EXCELSIOR LODGE NUMBER ONE, INDEPENDENT ORDER OF ODD FELLOWS, a Hawaii eleemosynary corporation, Applicant-Appellee, v. EYECOR, LTD., a Hawaii corporation, and Atkinson Tower, Inc., a Hawaii corporation, Respondents-Appellants.

Intermediate Court of Appeals of Hawaii.

Certiorari Granted May 28, 1992.

Attorney(s) appearing for the Case

G. Stephen Elisha, Philip L. Lahne, Richard S. Ekimoto (Dinman, Nakamura, Elisha & Nakatani, of counsel), on the briefs, Honolulu, for respondent-appellant Eyecor, Ltd., and respondent Atkinson Tower, Inc.

Rosemary T. Fazio, Keith M. Yonamine, Ashford & Wriston, on the brief, Honolulu, for applicant-appellee.

Before BURNS, C.J., HEEN, J., and HEELY, Circuit Judge assigned by reason of vacancy.

BURNS, Chief Judge.

Appeal Nos. 15435 and 15658 both arise from First Circuit Court Special Proceeding No. 90-0066. This opinion decides both appeals.

Pursuant to a lease that commenced on January 1, 1957, an arbitration panel on April 26, 1991 decided the amount of the lease rent payable for the ten-year period beginning January 1, 1987. Upon the application of the lessor, Applicant Excelsior Lodge Number One, Independent Order of Odd Fellows (Lessor-Excelsior...

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