APPEAL OF HARPER

No. 4865.

475 P.2d 53 (1970)

Appeal of Joe C. HARPER, a Dismissed Employee.

Supreme Court of Hawaii.

September 23, 1970.


Attorney(s) appearing for the Case

Nobuki Kamida, Deputy Atty. Gen., Honolulu (Bertram T. Kanbara, Atty. Gen., with him on the briefs), for appellant.

Michiro Watanabe, Honolulu, for appellee.

Before RICHARDSON, C.J., MARUMOTO, ABE, and LEVINSON, JJ., and M. DOI, Circuit Judge, in place of KOBAYASHI, J., disqualified.


ABE, Justice.

In spite of the voluminous transcript, the relevant facts of this case are very simple. It is uncontroverted that on August 21, 1959, when Hawaii became a state, Joe C. Harper occupied the position of warden of the Hawaii prison system. The record shows that in February 1961, Ray Belnap was hired under a contract to head the corrections division of the Department of Social Services. Though Belnap occupied a newly created position, he essentially assumed...

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