United States Ninth Circuit

APAO v. BANK OF NEW YORK, 01-16565

Read APAO v. BANK OF NEW YORK, 01-16565
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Hawaii's non-judicial foreclosure statute, Hawaii Rev. Stat. section 667-5, does not violate the due process clause of the Fourteenth Amendment because there is insufficient state involvement, especially where the state did not confer power of sale.

Appellate Information

Argued 11/06/2002
Decided 04/04/2003
Published 04/04/2003

Judges

SCHROEDER, Chief Judge., Before: SCHROEDER, Chief Judge, ALARCÓN and FISHER, Circuit Judges.

Court

United States Ninth Circuit

Counsel

For Appellant:
Gary Victor Dubin,Dubin Law Offices, Honolulu, HI, for the plaintiff-appellant.

For Appellees:
R. John Seibert and Kenneth J. Mansfield, McCorriston Miller Mukai MacKinnon, LLP, Honolulu, HI, for the defendant-appellee.