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OFFICE OF HAWAI`IAN AFFAIRS v. DEPARTMENT OF EDUC.

Civ. No. 96-00030 ACK.

951 F.Supp. 1484 (1996)

OFFICE OF HAWAI`IAN AFFAIRS, et al., Plaintiffs, v. DEPARTMENT OF EDUCATION, et al., Defendants.

United States District Court, D. Hawai`i.

October 23, 1996.

Attorney(s) appearing for the Case

Sherry P. Broder, Honolulu, for plaintiffs.

Steven S. Michaels, Office of Attorney General, State of Hawai`i, Honolulu, for defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL JUDGEMENT ON THE PLEADINGS AND REMANDING STATE CLAIMS

KAY, Chief Judge.

OVERVIEW

The Court IN PART GRANTS and IN PART DENIES Defendants' motion for judgement on the pleadings. First, the Court finds that the claims against the Department of Education ("DOE") and Board of Education ("BOE"), state agencies, are barred by the Eleventh Amendment. Under Kruse v. State of Hawaii...

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