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PALILA v. HAWAII DEPT. OF LAND AND NAT. RESOURCES

Civ. No. 78-0030.

631 F.Supp. 787 (1985)

PALILA (Psittirostra bailleui), an endangered species; Sierra Club, a non-profit corporation; National Audubon Society, a non-profit association; Hawaii Audubon Society; a non-profit association; and Alan C. Ziegler, Plaintiffs, v. HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES; and Susumu Ono, in his capacity as chairman of the Hawaii Board of Land and Natural Resources, Defendants, and Sportsmen of Hawaii, Inc., Hawaii Island Archery Club, Hawaii Rifle Association, Gerald Kang, Kenneth Funai, John Wong and Irwin Kawano, Defendant Intervenors.

United States District Court, D. Hawaii.

December 6, 1985.

Attorney(s) appearing for the Case

Michael R. Sherwood, Sierra Club Legal Defense Fund, Inc. San Francisco, Cal. (William S. Hunt, Paul, Johnson & Alston, of counsel, Honolulu, Hawaii), for plaintiffs.

Edwin P. Watson, Deputy Atty. Gen., Corinne Watanabe, Atty. Gen., Honolulu, Hawaii, for defendant.

Katsuya Yamada, Hilo, Hawaii for defendant intervenors.

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

SAMUEL P. KING, District Judge.

Argument on plaintiffs' Motion for Summary Judgment was heard on November 1, 1985, with Michael R. Sherwood, Esq., of the Sierra Club Legal Defense Fund representing plaintiffs, Edwin P. Watson, Esq., Deputy Attorney General representing defendants, and Katsuya Yamada, Esq., representing defendants/intervenors.

In 1979, this court granted summary judgment for plaintiffs in...

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