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PEKARSKY v. ARIYOSHI

No. 81-4077.

695 F.2d 352 (1982)

Robert L. PEKARSKY and Arnie J. Koch, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. George R. ARIYOSHI, individually and in his capacity as Governor, State of Hawaii; Wayne Minami, individually and in his capacity as Director of Regulatory Agencies, State of Hawaii; Herbert Chun, individually and in his capacity as Executive Secretary for the Board of Dental Examiners, Department of Regulatory Agencies, State of Hawaii, Defendants-Appellants, and Edward G. Maehara, etc., et al., Defendants.

United States Court of Appeals, Ninth Circuit.

Decided December 21, 1982.

Attorney(s) appearing for the Case

Melvin Y. Nishimoto, Honolulu, Hawaii, for defendants-appellants.

Stanley E. Levin, Honolulu, Hawaii, for plaintiffs-appellees.

Before CHOY, PREGERSON and POOLE, Circuit Judges.

POOLE, Circuit Judge:

Appellants Ariyoshi, Minami and Chun ("Appellants") appeal from the district court's order awarding attorneys' fees and costs against the State of Hawaii under the Civil Rights Attorneys' Fees Award Act, 42 U.S.C. § 1988. We reverse and remand for further proceedings.

Appellees brought the underlying class action civil rights suit on behalf of all Caucasians and new or non-residents of Hawaii who had failed to pass the Hawaii State...

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