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AKIZAKI v. FONG

No. 4864.

461 P.2d 221 (1969)

Clarence Y. AKIZAKI and David C. McClung v. Hiram L. FONG, Jr. and Edward E. Johnston and Thomas P. Gill as Lieutenant Governor of the State of Hawaii.

Supreme Court of Hawaii.

November 11, 1969.

Attorney(s) appearing for the Case

Herbert Y.C. Choy, Honolulu (Fong, Miho, Choy & Robinson, Honolulu, of counsel), for defendants-appellants.

Frank D. Padgett and Walter H. Ikeda, Honolulu (Padgett, Greeley, Marumoto & Akinaka, Honolulu, of counsel), for plaintiffs-appellees.

Morton King and Thomas M. Pico, Jr., Deputy Attys. Gen., Honolulu (Bertram T. Kanbara, Atty. Gen., Honolulu, on the brief) for defendant-appellee.

Before RICHARDSON, C.J., LEVINSON and ABE, JJ., HAWKINS, Circuit Judge, for MARUMOTO, J., disqualified, and KING, Circuit Judge, for KOBAYASHI, J., disqualified.

RICHARDSON, Chief Justice.

In the November 1968 election to select six representatives in the House of Representatives from the Fifteenth Representative District, five candidates were clearly elected without contest. The present case involves a controversy over the sixth seat.

In the final tabulation of the votes, the Republican candidate, Fong, received two more votes than did the Democratic candidate, Akizaki. Akizaki contested the election in the court...

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