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EVERSON v. STATE

No. 29359.

228 P.3d 282 (2010)

Marion EVERSON, James Dannenberg, Billy Southwood, Valerie Yamada Southwood, Duane Preble, Sarah Preble, Appellants-Appellees, v. STATE of Hawai`i, Appellee-Appellant, and Board of Trustees of the Hawaii Employer-Union Health Benefits Trust Fund, Appellee-Cross-Appellant and The Administrator of the Hawaii Employer-Union Health Benefits Trust Fund, Appellee-Appellee.

Supreme Court of Hawai`i.

March 25, 2010.

Attorney(s) appearing for the Case

Mark J. Bennet, Attorney General, (Dorothy Sellers, Solicitor General, and Rebecca A. Copeland, Deputy Solicitor General, with him on the briefs), for Appellee Appellant State of Hawai`i and Appellee-Cross-Appellant Board of Trustees of the Hawaii Employer-Union Health Benefits Trust Fund.

Paul Alston (Eric G. Ferrer and Maren L. Calvert with him on the brief) of Alston Hunt Floyd & Ing and Charles K.Y. Khim, Honolulu, for Appellants-Appellees Marion Everson, James Dannenberg, Billy Southwood, Valerie Yamada Southwood, Duane Preble and Sarah Preble.

MOON, C.J., NAKAYAMA and DUFFY, JJ., Circuit Judge KIM, in Place of RECKTENWALD, J., Recused, and ACOBA, J., Concurring Separately.

Opinion of the Court by NAKAYAMA, J.

Appellee-Appellant, State of Hawai`i ("the State"), and Appellee-Cross-Appellant, Board of Trustees of the Hawai`i Employer-Union Health Benefits Trust Fund ("the Board of the EUTF") (collectively, "Appellants"), appeal from the Circuit Court of the First Circuit's1 ("circuit court's") August 18, 2008 final judgment in favor of Appellants-Appellees Marion Everson, James Dannenberg, Billy Southwood,...

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