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MEDEIROS v. KONDO

No. 5475.

522 P.2d 1269 (1974)

Edward MEDEIROS, Plaintiff-Appellant, v. Ralph KONDO, Defendant-Appellee.

Supreme Court of Hawaii.

May 30, 1974.

Attorney(s) appearing for the Case

Frank D. Padgett, Honolulu (Padgett, Greeley, Marumoto & Steiner, Honolulu, of counsel), for plaintiff-appellant.

Nelson S.W. Chang, James E. Ross, Deputy Attys. Gen., Honolulu (George Pai, Atty. Gen., Honolulu, with them on the brief), for defendant-appellee.

Before RICHARDSON, C.J., and LEVINSON, KOBAYASHI, OGATA and MENOR, JJ.

RICHARDSON, Chief Justice.

This appeal arises out of an order granting motion to dismiss or for judgment on the pleadings. Appellant Medeiros, a civil service employee of the State Department of Taxation filed an action for damages against appellee Kondo, the Director of the State Department of Taxation. The substance of plaintiff's allegation was that:

3. Some time prior to January 7, 1971, defendant, knowing he had no just cause therefor, determined to...

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