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Republic of the Marshall Islands v Balos et al (4) [1989] MHSC 20; 1 MILR (Rev) 133 (17 July 1989)

1 MILR (Rev.) 133

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.CT. CIVIL NO. 86-10

(High Ct. Civil No. 1986-044)

REPUBLIC OF THE MARSHALL

Plaintiff-Appellee,

-v-

LUJANA BALOS, et al.,

Defendants,

and

KABUA KABUA,

Proposed Intervenor-Defendant/Appellee.

STIPULATION FOR DISMISSAL OF APPEAL

It is hereby stipulated and agreed, by and between Plaintiff/Appellee Republic of the Marshall Islands ("Republic") and Proposed Intervenor-Defendant/Appellant Kabua Kabua, by and through their respective attorneys, that:

1. This appeal be dismissed, each party to bear his or its own costs;

2. Kabua Kabua states, as grounds for dismissal, that:

(1) this appeal has been made moot by the expiration of the time period of the condemnation that is the subject of this action; and

(2) the purpose of his attempted intervention, which was to prevent a claim by others that he would be estopped from claiming the Iroij Lablab title to the condemned lands if he did not intervene, has been accomplished.

3. The Republic's agreement that this appeal be dismissed shall not constitute agreement by the Republic to the second ground for dismissal set forth in paragraph 2, above, and that the entry of an order of dismissal by the court shall not constitute an adjudication of the second ground for dismissal set forth in paragraph 2 above.

4. This stipulation is entered into by all parties who have entered an appearance in this appeal.

Dated: Honolulu, Hawaii, July 15, 1989.

ORDER

The above-captioned appeal is hereby dismissed, all parties to bear their own costs.

Entered: Majuro, Marshall Islands, July 17, 1989.

_________/S/____________

Samuel P. King

Associate Justice pro tem