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KOHL v. SMYTHE

Civ. No. 97-00586 ACK.

25 F.Supp.2d 1124 (1998)

Keith J. KOHL, Plaintiff, v. John SMYTHE, et al., Defendants.

United States District Court, D. Hawaii.

February 12, 1998.

Attorney(s) appearing for the Case

William Harrison Elkner, Law Offices of William H. Elkner, Honolulu, HI, Mitchell C. Wallis, Honolulu, HI, for Plaintiff.

Keith J. Kohl, Honolulu, HI, pro se.

Thomas R. Keller, Martin W. Basiszta, Office of the Attorney General — State of Hawaii, Honolulu, HI, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND

KAY, Chief Judge.

FACTUAL BACKGROUND

Plaintiff Keith J. Kohl ("Plaintiff") previously held a position as a Recreation Specialist III at the State of Hawaii Halawa Correctional Facility ("Halawa") and was a member of bargaining unit 13 of the Hawaii Government Employees Association. There remains a factual dispute whether Plaintiff was either: (1) a government volunteer...

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