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UNITED STATES v. COUNTY OF HAWAII

Civ. No. 75-0291.

473 F.Supp. 261 (1979)

UNITED STATES of America, Plaintiff, v. The COUNTY OF HAWAII, a Municipal Corporation, the Civil Service Commission of the County of Hawaii, Ernest J. Fergerstrom, Chief, County of Hawaii Police Department, Defendants.

United States District Court, D. Hawaii.

July 10, 1979.

Attorney(s) appearing for the Case

Cora K. Lum, Asst. U. S. Atty., Walter M. Heen, U. S. Atty., Honolulu, Hawaii, Maimon Schwarzschild, Atty., Dept. of Justice, Washington, D. C., for plaintiff.

Stephen J. Menezes, Deputy Corp. Counsel, Stephen G. Bess, Corp. Counsel, County of Hawaii, Hilo, Hawaii, for defendants.

DECISION AND ORDER

SAMUEL P. KING, Chief Judge.

This action arises out of the dismissal of Peter C. Aiona, Jr., from the Hawaii County Police Department in June 1972. Aiona joined the police force in August 1969. In April 1972, he was baptized as a member of the Seventh Day Adventist Church. One of the religious obligations of the church members is to observe the Sabbath by abstaining from work between sundown Friday and sundown Saturday. Aiona was allegedly...

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