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ULALEO v. PATY

No. 89-16130.

902 F.2d 1395 (1990)

Kaolelo Lambert John ULALEO, on behalf of himself and others similarly situated; Pele Defense Fund, Plaintiffs-Appellants, v. William PATY, in his capacity as Chairman of the Board of Land and Natural Resources, State of Hawaii; Moses Kealoha; Douglas Ing; Leonard Zalopany; John Arisumi; Herbert Arata, in their capacity as members of the Board of Land and Natural Resources, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted March 19, 1990.

Decided May 4, 1990.

Attorney(s) appearing for the Case

Yuklin Aluli, Melody K. MacKenzie, Native Hawaiian Legal Corp., Honolulu, Hawaii, Steven C. Moore, Native American Rights Fund, Boulder, Colorado, for plaintiffs-appellants.

William M. Tam (argued) and Steven S. Michaels, assisted on the brief, Deputy Attys. Gen., Honolulu, Hawaii, for defendants-appellees.

Sherry P. Broder, Honolulu, Hawaii, for amicus curiae The Office of Hawaiian Affairs.

James M. Dombroski, Petaluma, Cal., for amicus curiae Rainforest Action Network.

Before SNEED, FARRIS and FERNANDEZ, Circuit Judges.

FARRIS, Circuit Judge:

Kaolelo Lambert John Ulaleo and the Pele Defense Fund appeal the district court's granting of William Paty's and the Board of Land and Natural Resources' motion to dismiss. We affirm.

FACTS

When Hawaii was admitted to the Union, Congress transferred certain lands to the state that had previously been under federal control. Those transferred lands were subject to a trust as set out in the (Hawaii) Admission Act § 5(f) which...

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