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PRICE v. STATE OF HAWAII

No. 84-2444.

764 F.2d 623 (1985)

Doctor Nui Loa PRICE, a.k.a. Maui Loa, individually and in his capacity as ancestral chief of the Hou Hawaiians, and Kamuela Price, etc., Plaintiffs, and Hou Hawaiians, a Native Hawaii tribe, Plaintiffs/Appellants, v. STATE OF HAWAII, State of Hawaii, Department of Transportation, a division of the State of Hawaii, State of Hawaii Department of Budget and Finance, division of the State of Hawaii, and George Ariyoshi, in his capacity as Governor of the State of Hawaii, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 25, 1985.

Attorney(s) appearing for the Case

Joseph D. Gebhardt, William A. Dobrovir, Dobrovir & Gebhardt, Washington, D.C., Paul McCarthy, Honolulu, Hawaii, for plaintiffs-appellants.

Charlotte Libman, Honolulu, Hawaii, for defendants-appellees.

Before FARRIS, PREGERSON, and BEEZER, Circuit Judges.

FARRIS, Circuit Judge:

A native Hawaiian tribal body seeks to compel the State of Hawaii to apply the proceeds from a congressionally created land trust to finance the distribution of land for the benefit of native Hawaiians. The Hou Hawaiian tribe appeals the judgment of the U.S. district court for Hawaii, Fong, J., which dismissed their complaint for lack of federal subject matter jurisdiction.

In 1920, Congress created the Hawaiian Home Lands Trust to provide...

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