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JOHNSTON v. ING

No. 4620.

441 P.2d 138 (1968)

Edward E. JOHNSTON, Plaintiff-Appellant, v. Andrew T. F. ING, Lieutenant Governor, State of Hawaii, Defendant-Appellee.

Supreme Court of Hawaii.

Rehearing Denied June 25, 1968.

Attorney(s) appearing for the Case

Tobias C. Tolzmann, Herbert Y.C. Choy, Shiro Kashiwa, and James Tabor, Honolulu, for plaintiff-appellant.

Bertram T. Kanbara, Deputy Atty Gen. (Bert T. Kobayashi, Atty. Gen., Kenneth K. Saruwatari, Asst. Atty. Gen., and Nobuki Kamida, Deputy Atty. Gen., with him on the brief), for defendant-appellee.

Before RICHARDSON, C.J., MIZUHA, J., FELIX, Circuit Judge, in place of MARUMOTO, J., disqualified, OKINO, Circuit Judge, in place of ABE, J., disqualified, and OGATA, Circuit Judge, in place of LEVINSON, J., disqualified.

MIZUHA, Justice.

This is an appeal from a final order of the Circuit Court dismissing plaintiff-appellant's complaint for an injunction and a decree directing the Lieutenant Governor to issue a proper form of election ballots.

On Thursday, October 20, 1966, the defendant-appellee, Lieutenant Governor, sent to the appellant-taxpayer and Chairman of the Republican Party, a sample of the ballot proposed to be used in the November 8, 1966 general election. Appellant...

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