Legal Opinion

Norma Tarshis v. Lahaina Investment Corporation, a Hawaii Corporation, D/B/A Royal Lahaina Hotel

Court of Appeals for the Ninth Circuit

Decided June 21, 1973No. 71-2725PublishedCited by 25 opinions

1Opinion of the Court

OPINION

2Per curiam

This appeal is from a summary judgment of dismissal awarded to Lahaina Investment Corporation, d/b/a Royal Lahaina Hotel, on the ground that no genuine issue of material fact was involved.

Appellant, a citizen of New York, registered with her husband at the Royal Lahaina Hotel at Kaanapali, Maui, on January 27, 1969. The Royal Lahaina with a beach frontage of 400 feet, 1 advertised in brochures that:

“[T]he Royal Lahaina Beach resort stretches along a 3-mile secluded white sand beach on the West side of the Island of Maui. . . . The sea is safe and exhilarating for swimming. . . . ”

Howeve…

3Cases cited4 opinions

  1. In Re Application of AshfordHawaii Supreme Court · 1968
  2. Daniel Henry Arney and Charles H. Baker v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1973
  3. Perkins v. ByrnesSupreme Court of Missouri · 1954
  4. Gratto v. PalangiSupreme Judicial Court of Maine · 1958

4Cited by25 opinions

  1. Philip Aaron Banks, Cross-Appellants v. Hyatt Corporation, Cross-Appellee, Refco Poydras Hotel Joint VentureCourt of Appeals for the Fifth Circuit · 1984
  2. Thomas J. Jones, a Single Man v. Halekulani Hotel, Inc., a Hawaiian Corporation, John Doe and the Xyz Corp., a CorporationCourt of Appeals for the Ninth Circuit · 1977
  3. Birmingham v. Fodor's Travel Publications, Inc.Hawaii Supreme Court · 1992
  4. Polak v. WhitneyMassachusetts Appeals Court · 1985
  5. Kaczmarczyk v. City and County of HonoluluHawaii Supreme Court · 1982

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