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ALULI v. BROWN

Civ. No. 76-0380.

437 F.Supp. 602 (1977)

Noa Emmett ALULI, Emma De Fries, Paul Fujishiro, Warren Mills Haynes, Jr., George Helm, Charles Kauluwehi Maxwell, Sr., Karl Anthony Mowat, Adrian Nacua, Kathryn B. Ochwat, Walter S. Ritte, Loretta Ritte, Herbert F. Santos, Richard W. Sawyer and Protect Kahoolawe Association, Plaintiffs, v. Harold BROWN, Secretary of Defense, W. Graham Claytor, Secretary of the Navy, James L. Holloway, Chief of Naval Operations, Ralph S. Wentworth, Jr., Commandant of the 14th Naval District, and Thomas B. Hayward, Commander-in-Chief, Pacific Fleet, United States Navy, Defendants.

United States District Court, D. Hawaii.

September 15, 1977.

Attorney(s) appearing for the Case

Joel E. August, Michael A. Town, Legal Aid Society of Hawaii, Wailuku, Maui, Hawaii, Ronald A. Albu, Legal Aid Society of Hawaii, Honolulu, Hawaii, Melvin M. M. Masuda, Honolulu, Hawaii, Thomas R. Cole, Kahului, Maui, Hawaii, for plaintiffs.

Lt. James W. Rude, Naval Legal Services Office, L. Mark Wine, Land and Natural Resources Division, Dept. of Justice, Washington, D. C., for defendants.

OPINION AND ORDER

WONG, District Judge.

Plaintiffs have brought this action to declare unlawful and enjoin defendants' bombing activities on the Island of Kahoolawe. Jurisdiction is invoked under 28 U.S.C. §§ 1331, 1361; 16 U.S.C. § 1540; 33 U.S.C. §§ 1365, 1415, and 42 U.S.C. §§ 1857, 4911. A declaration of rights is sought under 28 U.S.C. §§ 2201, 2202. Plaintiffs' federal claims arise from, inter alia,<...

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