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SPEARS v. HONDA

No. 4754.

449 P.2d 130 (1968)

William Edward SPEARS, Naoe Maesaka Spears, Lois Moss, Alma Sutter, Karl Bornhorst, Marilyn Bornhorst, Linda Moss and Janis Moss, minors by Lois Moss, their guardian ad litem, and Jeff Sutter, a minor, by Alma Sutter, his guardian ad litem, Plaintiffs-Appellants, v. Edwin H. HONDA, Richard E. Ando, Robert C. Loveless, Ronald Harker, John Connell, Ruth Tabrah, Eugene Harrison, Myrtle Kaapu, and Hiroshi Yamashita, Members of Board of Education, Ralph Kiyosaki, Superintendent, Board of Education, and Valentine Marciel, State Comptroller.

Supreme Court of Hawaii.

Rehearing Denied March 14, 1969.

Attorney(s) appearing for the Case

Donald A. Beck, Honolulu, (Smith, Wild, Beebe & Cades, Honolulu, of counsel), for plaintiffs-appellants.

Roy Y. Takeyama, Special Deputy Atty. Gen. (Bert T. Kobayashi, Atty. Gen., and George Pai, Deputy Atty. Gen., Honolulu, with him on the brief), Bertram T. Kanbara, Asst. Atty. Gen., for respondents.

Before RICHARDSON, C.J., MARUMOTO and ABE, JJ., FUKUOKA, Circuit Judge, for LEVINSON, J., disqualified, and HAWKINS, Circuit Judge, by reason of vacancy.

RICHARDSON, Chief Justice.

Plaintiffs-appellants, minors attending the public schools, brought suit through their guardians ad litem, taxpayers in the City and County of Honolulu, to challenge the use of public funds to provide bus transportation subsidies to sectarian and private school students under Act 97, S.L.H. 1965; Act 233, S.L.H. 1967; and Rule 1 of the State School Board issued pursuant to Act 233. Appellants, seeking a declaratory judgment and injunctive...

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