ROBINSON v. ARIYOSHI

No. 78-2264.

753 F.2d 1468 (1985)

Selwyn A. ROBINSON, et al., Plaintiffs-Appellees, v. George R. ARIYOSHI, Governor, et al., Defendants-Appellants, and McBryde Sugar Company, Limited, et al., Defendants.

United States Court of Appeals, Ninth Circuit.

Decided February 20, 1985.

Rehearing Denied May 10, 1985.


Attorney(s) appearing for the Case

Alexander C. Marrack, Hoddick, Reinwald, O'Connor & Marrack, for plaintiffs-appellees.

J. Russell Cades, Robert B. Bunn, Cades Schutte Fleming & Wright, Honolulu, Hawaii, Telford Taylor, Taylor, Ferencz & Simon, Herbert Wechsler, New York City, William F. Quinn, Honolulu, Hawaii, Clinton Shiraishi, Shiraishi & Yamada, Lihue, Hawaii, for McBryde Sugar Co. Ltd., et al.

Williamson B.C. Chang, Sp. Deputy Atty. Gen., Honolulu, Hawaii, amicus curiae.

Ronald Albu, Honolulu, Hawaii, for Waihe'e Farmers Residents Ass'n.

Clinton R. Ashford, Mitsuo Uyehara, Honolulu, Hawaii, for Hawaiian Sugar Planters' Ass'n.

Andrew S.O. Lee, Deputy Atty. Gen., Honolulu, Hawaii, for defendants-appellants.

Before GOODWIN and TANG, Circuit Judges, and GRANT, District Judge.


GOODWIN, Circuit Judge.

The district court, in an action brought under 42 U.S.C. § 1983 challenging an alleged threat to divest plaintiffs' irrigation water rights, enjoined the named state officials from taking any action to enforce a recent decree of the state courts that appeared to be adverse to the property rights of the plaintiffs. The state officials appeal, raising a number of procedural and substantive issues. We will first set out the factual context...

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