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UNIV. OF HAWAII PROFESSIONAL ASSEMBLY v. CAYETANO

No. 98-16148.

183 F.3d 1096 (1999)

UNIVERSITY OF HAWAII PROFESSIONAL ASSEMBLY; Alexander Malahoff; Linda Currivan; Diane Ferreira; Hugh Folk; Vincent Linares; and David Miller, Plaintiffs-Appellees, v. Benjamin J. CAYETANO, in his capacity as Governor of the State of Hawaii, and Sam Callejo, in his capacity as Comptroller of the State of Hawaii, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 1999.

Attorney(s) appearing for the Case

Gary Hynds, Deputy Attorney General, Honolulu, Hawaii, for the defendants-appellants.

T. Anthony Gill, Gill & Zukeran, Honolulu, Hawaii, for the plaintiffs-appellees.

Before: WIGGINS, TASHIMA, and SILVERMAN, Circuit Judges.

SILVERMAN, Circuit Judge:

This case involves a challenge by employees of the State of Hawaii to Act 355, the State's "pay lag" law. Act 355 would allow the State to postpone by a few days, at six different times, the dates on which state employees are to be paid. It also declares those postponements to be "not subject to negotiation." The district court granted a preliminary injunction against the operation of this statute on the ground that it impaired the obligations...

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