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DEAK-PERERA HAWAII, INC. v. DEPARTMENT OF TRANSP., ETC.

Civ. No. 82-0334.

553 F.Supp. 976 (1983)

DEAK-PERERA HAWAII, INC., a Hawaii corporation, Plaintiff, v. DEPARTMENT OF TRANSPORTATION, STATE OF HAWAII; Ryokichi Higashionna, in his official capacity as the Director of the Department of Transportation for the State of Hawaii; Owen Miyamoto, in his official capacity as Chief of the Airport Division of the Department of Transportation of the State of Hawaii, Defendants, and Citicorp (U.S.A.), Inc., Intervenor.

United States District Court, D. Hawaii.

As Amended March 7, 1983.

Attorney(s) appearing for the Case

Don Gelber and Stephen Gelber, Gelber & Wagner, Wayne Pitluck and Robert Miller, Honolulu, Hawaii, for plaintiff.

Tany S. Hong, Atty. Gen. of Hawaii, Randall Young, Honolulu, Hawaii, for defendants.

Robert A. Rowan, Terry Day, Susan Mollway, Cades Schutte Fleming & Wright, Honolulu, Hawaii, for intervener.

DECISION

PENCE, Senior District Judge.

This matter came before the court on cross motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The arguments were heard on September 1, 1982.

The motions sought to determine the legal issues of whether or not defendants, the State of Hawaii's Department of Transportation, its director Ryokichi Higashionna and Airport Chief Owin Miyamoto (collectively the DOT), were entitled...

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