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CATHOLIC ACTION OF HAWAII, ETC. v. BROWN

Civ. No. 78-0085.

468 F.Supp. 190 (1979)

CATHOLIC ACTION OF HAWAII/PEACE EDUCATION PROJECT, a Non-Profit Hawaii Association, James Albertini, Ian Yonge Lind, Eileen Belton, Peter Tagalog, Roger Sheetz, Edward Casey, Nora Ogawa, and Life of the Land, a Non-Profit Hawaii Corporation, Plaintiffs, v. Harold BROWN, Secretary of Defense, W. Graham Claytor, Jr., 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.

March 13, 1979.

Attorney(s) appearing for the Case

Walter P. Zulkoski, Honolulu, Hawaii, for plaintiffs.

Elliot Enoki, Asst. U. S. Atty., Samuel Pinn, Jr., Jeffrey A. Wayne, Honolulu, Hawaii, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

INTRODUCTION

TURRENTINE, District Judge, By Designation.

This action seeks to enjoin the Navy from using certain newly constructed facilities at the West Loch Branch of its Pearl Harbor Naval Base in Honolulu, Hawaii. Jurisdiction is invoked pursuant to 28 U.S.C. §§ 1331, 1361; 16 U.S.C. § 1540, and 28 U.S.C. §§ 2201, 2202. A hearing on the issuance of a permanent injunction was held...

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