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HAWAII BLIND VENDORS v. DEPT. OF H. SERV.

No. 13747.

791 P.2d 1261 (1990)

HAWAII BLIND VENDORS ASSOCIATION, Walter Ishikawa, Charlotte Kauhane, Esrom Nihoa, Yoshiko Nishihara, Miriam Onomura, Clyde Ota, Alice Schaar, Warren Toyama, Filo Tu and Jeanette Tu, Plaintiffs/Counter-Defendants-Appellants, v. DEPARTMENT OF HUMAN SERVICES, STATE OF HAWAII; Winona E. Rubin, in her capacity as Director, Department of Human Services, State of Hawaii; Department of Transportation, State of Hawaii; Edward Y. Hirata, in his capacity as Director, Department of Transportation, State of Hawaii, Defendants-Appellees, and Maka'ala, Inc., a Hawaii non-profit corporation, Defendant/Counter-Claimant-Appellee.

Supreme Court of Hawaii.

May 3, 1990.

Attorney(s) appearing for the Case

Evan R. Shirley, Honolulu, for appellants.

Thomas D. Farrell, Deputy Atty. Gen., Honolulu, for appellees of the State.

Leroy E. Colombe (William H. Dodd, with him on the brief), Chun, Kerr, Dodd & Kaneshige, Honolulu, for appellee, Maka'ala, Inc.

Before LUM, C.J., PADGETT, HAYASHI and WAKATSUKI, JJ., and Retired Justice NAKAMURA, Assigned by Reason of Vacancy.

LUM, Chief Justice.

Appellants, beneficiaries of a program assuring that priority is given to the blind and visually handicapped in the establishment of vending operations in public buildings, brought this action in the circuit court claiming violations of the substantive and procedural law governing the program. The circuit court granted summary judgment against Appellants' claims. We reverse and remand to the circuit court with the direction that the court remand...

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