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KAUER v. AMEMIYA

No. 5661.

532 P.2d 664 (1975)

Don KAUER, dba Don's Aloha Chevron Service, Plaintiff-Appellee, v. Ronald AMEMIYA, Director, Consumer Protection Agency, State of Hawaii, Defendant-Appellant.

Supreme Court of Hawaii.

February 28, 1975.

Attorney(s) appearing for the Case

Charles F. Fell, Honolulu (Mirikitani, Thurston & Tongg, Honolulu, of counsel), for defendant-appellant.

Paul E. DiBianco, Honolulu (Hyman M. Greenstein, Honolulu, on the brief), for plaintiff-appellee.

Before RICHARDSON, C.J., KOBAYASHI, OGATA and MENOR, JJ., and Retired Justice LEWIS assigned by reason of vacancy.

PER CURIAM.

We are of the opinion, upon consideration of the briefs and argument in this case, that the appellant is without power to promulgate substantive rules and regulations under the provisions of HRS Chapter 487.

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