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MORTENSEN v. BOARD OF TRUSTEES OF EMP. RETIRE. SYS

Nos. 4920, 4921.

473 P.2d 866 (1970)

Theodore P.K. MORTENSEN v. BOARD OF TRUSTEES OF the EMPLOYEES' RETIREMENT SYSTEM, State of Hawaii. Thomas I. FREEMAN v. BOARD OF TRUSTEES OF the EMPLOYEES' RETIREMENT SYSTEM, State of Hawaii.

Supreme Court of Hawaii.

July 28, 1970.

Attorney(s) appearing for the Case

Edward H. Nakamura, Honolulu (Bouslog & Symonds, Honolulu, of counsel), for appellant.

Morton King, Senior Deputy Atty. Gen., (Bertram T. Kanbara, Atty. Gen. of Hawaii, Honolulu, with him on the brief), for appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON, JJ., and Circuit Judge VITOUSEK in place of KOBAYASHI, J., disqualified.

LEVINSON, Justice.

These cases involve the question whether the procedures utilized by the Employees' Retirement System, in denying accidental disability retirement benefits to the appellants, were in accord with the Hawaii Administrative Procedure Act (HRS §§ 91-1 to 91-18 (1968)) and comported with the requirements of procedural due process guaranteed by the state and federal constitutions. We think that the State...

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