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NELSON v. MIWA

No. 5560.

546 P.2d 1005 (1976)

Frank NELSON, Plaintiff-Appellee, v. Paul MIWA et al., Defendants-Appellants.

Supreme Court of Hawaii.

February 24, 1976.

Attorney(s) appearing for the Case

Charlotte E. Libman, Deputy Atty. Gen., Honolulu (Thomas T. Wood, Deputy Atty. Gen., and George Pai, Atty. Gen., Honolulu, on the briefs), for defendants-appellants.

Steven K. Christensen, Hilo (Christensen & Clark, Hilo, of counsel), for plaintiff-appellee.

Before RICHARDSON, C.J., KOBAYASHI, and OGATA, JJ., and FUKUSHIMA, Circuit Judge, in place of MENOR, J., disqualified, and LUM, Circuit Judge, assigned by reason of vacancy.

OGATA, Justice.

This is an appeal by the University of Hawaii, various of its officers,1 and the State of Hawaii, hereinafter referred to as appellants, from an order enjoining them from discharging appellee from his employment at a state college solely because he attained the age of sixty-five years. This court has jurisdiction pursuant to HRS § 602-5 (Supp. 1975). We affirm.

In accordance with the employment policy imposed...

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