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STOP H-3 ASSOCIATION v. BRINEGAR

Civ. Nos. 72-3606, 73-3794.

389 F.Supp. 1102 (1974)

STOP H-3 ASSOCIATION a Hawaiian non-profit corporation, et al., Plaintiffs, v. Claude S. BRINEGAR, Individually and as Secretary of the United States Department of Transportation, et al., Defendants. Hui Malama Aina O KO'OLAU et al., Plaintiffs, v. Claude BRINEGAR, Individually and as Secretary of Transportation, et al., Defendants.

United States District Court, D. Hawaii.

December 26, 1974.

Attorney(s) appearing for the Case

Boyce R. Brown Jr., Mattoch, Kemper & Brown, William S. Hunt, Hart, Leavitt & Hall, Honolulu, Hawaii, for Stop H-3 Association, and others.

Robert Gilbert Johnston, Durell Douthit, Honolulu, Hawaii, for Hui Malama Aina O Ko'Olau, and others.

Warren H. Higa, Asst. U. S. Atty., Harold M. Fong, U. S. Atty., Honolulu, Hawaii, Mel Nishimoto, Johnson H. Wong, Deputy Attys. Gen., Ronald Amemiya, Atty. Gen., State of Hawaii, Honolulu, Hawaii, George W. Playdon, Jr., Sp. Deputy Atty. Gen., Honolulu, Hawaii, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SAMUEL P. KING, Chief Judge.

STATEMENT OF THE CASE

This case involves the construction of (T)H-3, a defense interstate highway on the island of Oahu, State of Hawaii.

The original complaint in Civil No. 72-3606 was filed on July 19, 1972. After several amendments, a consolidated complaint entitled Compilation of Complaint for Injunctive and Declaratory Relief, as Amended and Supplemented, was filed...

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