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STATE BY ATTY. GEN. v. UNITED STATES

No. 7743.

645 P.2d 311 (1982)

STATE of Hawaii, By its ATTORNEY GENERAL, Plaintiff, v. UNITED STATES of America, Defendant-Appellant, and Patrick Tuohy, Defendant-Appellee, and C. Stanard Smith, Jr., M.D., Anna Smith, Ellison Miles and Joshua Agsalud, Director of the Department of Labor of the State of Hawaii, Defendants.

Supreme Court of Hawaii.

May 24, 1982.

Attorney(s) appearing for the Case

Ernest Brown, Dept. of Justice, Washington, D.C. (Stephen D. Tom, Daniel A. Bent, Asst. U.S. Attys., Honolulu, and M. Carr Ferguson, Asst. Atty. Gen., Washington, D.C., on brief), for defendant-appellant.

Patrick Tuohy, Honolulu, pro se.

Before RICHARDSON, C.J., and LUM, NAKAMURA, PADGETT and HAYASHI, JJ.

PADGETT, Judge.

This is an appeal by Defendant-Appellant United States of America from a judgment in favor of Patrick Tuohy, defendant-appellee, in an interpleader action brought with respect to certain funds held by the State of Hawaii. We affirm in part and reverse in part.

On November 9, 1977, C. Stanard Smith, Jr., M.D., obtained a judgment against the Department of Social Services & Housing, State of Hawaii, in the sum of $28,500. Because there were...

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