MATSUMOTO v. PUA

Nos. 85-2728, 85-7568.

775 F.2d 1393 (1985)

Toraki MATSUMOTO, et al., Plaintiffs-Appellants, v. Raymond K. PUA, City Clerk, City and County of Honolulu, Defendant-Appellee, and Democratic Party of the State of Hawaii, and James Kumagai, Intervenors-Defendants-Appellees. Toraki MATSUMOTO, et al., Plaintiffs-Appellants, v. UNITED STATES DISTRICT COURT for the DISTRICT OF HAWAII, Respondent, and Raymond K. Pua, City Clerk, City and County of Honolulu, Real Party in Interest, and Democratic Party of the State of Hawaii, and James Kumagai, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Decided November 12, 1985.


Attorney(s) appearing for the Case

Boyce R. Brown, Cynthia H.H. Thielen, Brown & Johnston, Richard D. Wurdeman, A. Edward Fyffe, Honolulu, Hawaii, for plaintiffs-appellants.

Jerrold Guben, Honolulu, Hawaii, for defendant-appellee.

Before KENNEDY, HUG, and SKOPIL, Circuit Judges.


HUG, Circuit Judge:

Three former Honolulu City Councilmen and their supporters seek emergency relief to allow the councilmen to run in a special election to fill the vacancies created by their recent recall from office. The city clerk maintains that the councilmen are barred from running in the special election by a provision of the city charter that disqualifies recalled city officials from election or appointment to city office for two years after their recall....

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