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KIMURA v. COUNTY OF HAWAII

No. 4595.

49 Haw. 336 (1966)

417 P.2d 997

SHUNICHI KIMURA, RALPH H. KIYOSAKI and HERBERT T. MATAYOSHI, on behalf of themselves and all others similarly situated, v. COUNTY OF HAWAII and MARGARET M. KAAUA, in her capacity as County Clerk of the County of Hawaii.

Supreme Court of Hawaii.

August 27, 1966.

Attorney(s) appearing for the Case

Robert E. Bethea (Tom C. Ingledue with him on the brief, Carlsmith, Carlsmith, Wichman & Case of counsel) for plaintiffs.

Yoshito Tanaka, County Attorney, County of Hawaii (Robert T. Ito, Deputy County Attorney with him on the brief) for defendants.

Kazuhisa Abe for movants.

RICHARDSON, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.

Per Curiam.

This case, submitted on an agreed statement of facts under the provisions of R.L.H. 1955, § 227-1, brings before this court a contest over the outcome of a special election held on August 13, 1966 on a proposed charter for the County of Hawaii.

A duly constituted charter commission, after extensive hearings and work, submitted, in accordance with the provisions of R.L.H. 1955, § 143A-8 (Supp. 1965), a proposed

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