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KUAHULU v. EMPLOYERS INS. OF WAUSAU

No. 75-3631.

557 F.2d 1334 (1977)

Bernard KUAHULU, for himself and for all others similarly situated, Plaintiffs-Appellants. v. EMPLOYERS INSURANCE OF WAUSAU, John Mullen & Co., Inc., Joshua Agsalud, in his capacity as Director of the State of Hawaii, Department of Labor and Industrial Relations, Disability Compensation Division, State of Hawaii, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 21, 1977.

Attorney(s) appearing for the Case

Benjamin L. Carroll, III, Gould & McKenzie, Honolulu, Hawaii, argued for plaintiffs-appellants.

Howard F. McPheeters, Conroy, Hamilton, Gibson, Nickelsen & Rush, Honolulu, Hawaii, argued; Leroy T. Kuwasaki, Jr., Deputy Atty. Gen., Honolulu, Hawaii, for defendants-appellees.

Before ELY, HUFSTEDLER and WRIGHT, Circuit Judges.

HUFSTEDLER, Circuit Judge:

The present appeal raises complex questions with respect to the application of the now defunct Three-Judge Court Act, 28 U.S.C. § 2281 (1965) (repealed 1976) and the abstention doctrine. (See Railroad Commission of Texas v. Pullman Co. (1941) 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971.)

Appellant Kuahulu became disabled in December 1973, after sustaining a work-related injury. As a result...

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