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LEVI v. UNIVERSITY OF HAWAII

No. 9134.

679 P.2d 129 (1984)

Werner LEVI, for himself and all other persons similarly situated, Plaintiffs, and University of Hawaii Professional Assembly; and Debra A. Lee, individually and as Senator of Associated Students, University of Hawaii, Plaintiffs-Appellants, and Ernest Akamine; C. Webster Anderson; Daniel C. Bonbright; Maurice Brodsky; Harold Brown; Dwane Collins; John B. Ferguson; Thelma Kaumeheiwa; Mary Lou McPherson; John J. Naughton; Frank Nelson; John O'Brien; Ouida Fay Paul; Manley St. Denis; and Yao Shen, Applicants-Intervenors-Appellants, v. UNIVERSITY OF HAWAII; State of Hawaii; Board of Regents of the University of Hawaii; and Fujio Matsuda, as President of the University of Hawaii, Defendants-Appellees. Ernest AKAMINE; C. Webster Anderson; Daniel C. Bonbright; Maurice Brodsky; Harold Brown; Dwane Collins; John B. Ferguson; Thelma Kaumeheiwa; Mary Lou McPherson; John J. Naughton; Frank Nelson; John O'Brien; Ouida Fay Paul; Manley St. Denis; and Yao Shen, Plaintiffs-Appellants, v. UNIVERSITY OF HAWAII; State of Hawaii; Board of Regents of the University of Hawaii; and Fujio Matsuda, as President of the University of Hawaii, Defendants-Appellees.

Supreme Court of Hawaii.

March 8, 1984.

Attorney(s) appearing for the Case

T. Anthony Gill, Honolulu (Gill Park Park & Kim, Honolulu, of counsel), for applicants-intervention-appellants and plaintiffs-appellants.

Edward Yuen, Deputy Atty. Gen., Honolulu, for defendants-appellees.

Before LUM, C.J., PADGETT, HAYASHI, JJ., and JAMES S. BURNS, Intermediate Court of Appeals Chief Judge, in place of NAKAMURA, J., Disqualified, and HARRY T. TANAKA, Intermediate Court of Appeals Associate Judge, in place of WAKATSUKI, J., Disqualified.

HAYASHI, Justice.

This is an appeal by plaintiffs Akamine, et al. taken from orders denying class certification and denying intervention in Civil Case No. 50238 (Levi v. University of Hawaii) and from a summary judgment entered against Akamine, et al. dismissing Civil Case No. 73530 (Akamine v. University of Hawaii) on the ground that the applicable statute of limitations had run. Appellants argue, and we agree, that the filing of the class action in...

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