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KINOSHITA v. CANADIAN PACIFIC AIRLINES

No. 11148.

724 P.2d 110 (1986)

Guy KINOSHITA, Plaintiff-Appellant, v. CANADIAN PACIFIC AIRLINES, LIMITED, and D.W. Merrell, Defendants-Appellees. Ronald K. NAKASHIMA, Plaintiff-Appellant, v. CANADIAN PACIFIC AIRLINES, LIMITED, and D.W. Merrell, Defendants-Appellees.

Supreme Court of Hawaii.

August 26, 1986.

Attorney(s) appearing for the Case

Edward deLappe Boyle (Jeffrey S. Portnoy with him on the briefs; Cades, Schutte, Fleming & Wright, of counsel); Honolulu, for plaintiffs-appellants.

Todd M. Sloan (Stanley E. Robin, with him on the brief; Hill, Farrer & Burrill, Los Angeles, Cal., of counsel; Michael A. Freed & Leslie Hayashi, with him on the brief; Rush, Moore, Craven, Kim & Stricklin, Honolulu, of counsel), for defendants-appellees.

Barry W. Marr and Anna M. Elento-Sneed, Honolulu (Carlsmith, Wichman, Case, Mukai & Ichiki, of counsel), for amicus curiae Hawaii Employers Council.

Robert S. Katz, Jared H. Jossem, Richard M. Rand & Jeffrey S. Harris, Honolulu (Torkildson, Katz, Jossem, Fonseca & Moore, of counsel), for amici curiae Chamber of Commerce of Hawaii, Hawaii League of Sav. Associates, Council of Hawaii Hotels, Hawaii Bankers Ass'n, Eagle Distributors, Aloha Airlines, Inc. & Air Service Corp.

LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

NAKAMURA, Justice.

The United States Court of Appeals for the Ninth Circuit has certified to this court that there is a question concerning the law of Hawaii which is determinative of a pending appeal from the United States District Court for the District of Hawaii and there is no clear controlling precedent in the decisions of the appellate courts of the State.1 The question is whether the Employee Rules of Canadian Pacific Airlines Limited...

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