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JOHNSTON v. ING

No. 4620.

50 Haw. 379 (1968)

441 P.2d 138

EDWARD E. JOHNSTON v. ANDREW T.F. ING, LIEUTENANT GOVERNOR, STATE OF HAWAII.

Supreme Court of Hawaii.

May 17, 1968.

Attorney(s) appearing for the Case

Tobias C. Tolzmann, Herbert Y.C. Choy, Shiro Kashiwa, James Tabor for plaintiff-appellant.

Bertram T. Kanbara, Deputy Attorney General (Bert T. Kobayashi, Attorney General; Kenneth K. Saruwatari, Assistant Attorney General; and Nobuki Kamida, Deputy Attorney General, with him on the brief) for defendant-appellee.

RICHARDSON, C.J., MIZUHA, J., CIRCUIT JUDGE FELIX IN PLACE OF MARUMOTO, J., DISQUALIFIED; CIRCUIT JUDGE OKINO IN PLACE OF ABE, J., DISQUALIFIED; AND CIRCUIT JUDGE OGATA IN PLACE OF LEVINSON, J., DISQUALIFIED.

OPINION OF THE COURT BY MIZUHA, J.

This is an appeal from a final order of the Circuit Court dismissing plaintiff-appellant's complaint for an injunction and a decree directing the Lieutenant Governor to issue a proper form of election ballots.

On Thursday, October 20, 1966, the defendant-appellee, Lieutenant Governor, sent to the appellant-taxpayer and Chairman of the Republican Party, a sample of the ballot proposed to be used in the November 8, 1966 general...

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