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CHIKASUYE, ET AL. v. LOTA

No. 4788.

50 Haw. 511 (1968)

444 P.2d 904

CLESSON Y. CHIKASUYE, KEKOA D. KAAPU, BEN F. KAITO, EUGENE F. KENNEDY, GEORGE KOGA, HERMAN G.P. LEMKE, YOSHIRO NAKAMURA AND MATSUO TAKABUKI v. EILEEN K. LOTA, CLERK OF THE CITY AND COUNTY OF HONOLULU.

Supreme Court of Hawaii.

August 30, 1968.

Attorney(s) appearing for the Case

Hiromu Suzawa, Deputy Corporation Counsel (Stanley Ling, Corporation Counsel, and T. Bruce Honda, Deputy Corporation Counsel, with him on the brief), for plaintiffs.

Charles M. Tonaki for defendant.

R.G. Dodge for Mary S. George, amicus curiae.

Jack H. Mizuha for Toraki Matsumoto, intervenor-plaintiff.

RICHARDSON, C.J., MARUMOTO, ABE, LEVINSON, JJ., AND CIRCUIT JUDGE FUKUSHIMA, ASSIGNED BY REASON OF VACANCY.

OPINION OF THE COURT BY MARUMOTO, J.

This is a submission on agreed facts, under R.L.H. 1955, § 227-1, by eight of nine councilmen of the City and County of Honolulu, as plaintiffs, and the city and county clerk, as defendant, of questions in difference between them with regard to the validity of the apportionment of council seats, as set forth in the charter, and the duty of the clerk with reference to the conduct of the forthcoming election for councilmen....

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