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STATE EX REL. McCLUNG v. FUKUSHIMA

No. 5231.

492 P.2d 128 (1972)

STATE ex rel. David C. McCLUNG, Petitioner, v. Yasutaka FUKUSHIMA, Judge, Ninth Division, First Circuit Court, State of Hawaii, Respondent.

Supreme Court of Hawaii.

January 4, 1972.

Attorney(s) appearing for the Case

Tobias C. Tolzmann, Sp. Deputy Atty. Gen., State of Hawaii, Honolulu, for petitioner.

Walter G. Chuck and Rodney M. Fujiyama, Honolulu (Chuck & Fujiyama, Honolulu, of counsel), for respondent.

David C. Schutter, Honolulu, for intervenor.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

MARUMOTO, Justice.

Petitioner, David C. McClung, is president of the State senate, and respondent is presiding judge of the ninth division of the first circuit court.

By a petition originally filed in this court on October 22, 1971, petitioner seeks a writ of mandamus directing respondent to dismiss a complaint for defamation filed against him in the first circuit by Neil Abercrombie and relieve him from being subjected to inquiry regarding his statements...

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