Rohlfing v. Moses Akiona, Ltd.

Preliminary to a ruling on the petition for rehearing filed in this case it is necessary for the court to consider the request of defendants-appellees that “the Court as it is presently constituted” act upon the petition.

The case was heard before Tsukiyama, C. J., Cassidy, Wirtz and Lewis, JJ., and Circuit Judge Hawkins assigned by reason of a vacancy. After the submission of the case the vacancy was filled by the appointment of Mr. Justice Mizuha. Thereafter the opinion was filed by the court which heard the case in accordance with our usual practice, under which a judge assigned specially…