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CLARK v. ARAKAKI

No. 26976.

191 P.3d 176 (2008)

Edward CLARK, Ollie Fulks, and Matthew Binder, Plaintiffs-Appellants, v. James ARAKAKI, in his official capacity as a candidate, Casey Jarman, in her official capacity as County Clerk and Chief Election Officer for the County of Hawai`i, Kevin B. Cronin, in his official capacity as Chief Election Officer for the State of Hawai`i, County of Hawai`i, John Does 1-10, Jane Does 1-10, Doe Corporations, Partnerships, Governmental Units or Other Entities 1-20, Defendants-Appellees.

Supreme Court of Hawai`i.

August 29, 2008.

Attorney(s) appearing for the Case

Fred Paul Benco, Honolulu, on the briefs, for Plaintiffs-Appellants Edward Clark, Ollie Fulks and Matthew Binder.

Joseph K. Kamelamela and Katherine A. Garson, Deputies Corporation Counsel, on the briefs, for Defendants-Appellees County of Hawai`i and Casey Jarman, in her official capacity as County Clerk and Chief Election Officer.

Brian J. De Lima of Crudele & De Lima, Hilo, on the briefs, for Defendant-Appellee James Y. Arakaki.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ. and ACOBA, J., Dissenting.

Opinion of the Court by NAKAYAMA, J.

Plaintiffs-Appellants Edward Clark, Ollie Fulks ("Fulks"), and Matthew Binder (collectively, "Appellants"), appeal from the third circuit court's ("circuit court's") November 10, 2004 final judgment and order in favor of Defendants-Appellees, James Arakaki ("Arakaki"), Casey Jarman, Rex M. Quidilla, County of Hawai`i, John Does 1-10, Jane Does 1-10, Doe Corporations, Partnerships, Governmental Units or Other Entities 1-20 (collectively...

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