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STATE OF HAWAII BY ATTY. GEN. v. U.S.

No. 88-1651.

866 F.2d 313 (1989)

STATE OF HAWAII, by its ATTORNEY GENERAL, on Behalf of the DEPARTMENT OF HAWAIIAN HOME LANDS and the Hawaiian Homes Commission, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 27, 1989.

Attorney(s) appearing for the Case

Paul Alston and Corey Y.S. Park, Sp. Attys. Gen., State of Hawaii, Honolulu, Hawaii, for plaintiff-appellant.

Edward J. Shawaker and Robert L. Klarquist, Attys., Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for defendant-appellee.

Livia Wang, Native Hawaiian Legal Corp., Honolulu, Hawaii, for amici curiae.

Before BROWNING, BEEZER and KOZINSKI, Circuit Judges.

PER CURIAM:

We affirm on the basis of Chief Judge Fong's excellent opinion, reported at 676 F.Supp. 1024 (D.Hawaii 1988), which we adopt as our own.

We need only address an issue raised principally by amici curiae, Native Hawaiian beneficiaries of the Hawaiian Home Lands trust: whether the common law of Hawaii required that the United States give actual notice of its claim to the land in question. We hold that the law...

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