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BURDICK v. TAKUSHI

Nos. 90-15873, 90-15876 and 90-15877.

937 F.2d 415 (1991)

Alan B. BURDICK, Plaintiff-Appellee, v. Morris TAKUSHI, Director of Elections, State of Hawaii; John Waihee, Lieutenant Governor of Hawaii; Benjamin Cayetano, in his capacity as Lieutenant Governor of the State of Hawaii, Defendants-Appellants. Alan B. BURDICK, Plaintiff-Appellee, v. Benjamin CAYETANO, in his capacity as Lieutenant Governor of the State of Hawaii; Morris Takushi, Director of Elections of the State of Hawaii, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 1, 1991.

Opinion Withdrawn June 28, 1991.

Opinion Filed June 28, 1991.

Attorney(s) appearing for the Case

Steven S. Michaels, Deputy Atty. Gen., Honolulu, Hawaii, for defendants-appellants.

Mary Blaine Johnston, Wailuku, Hawaii, for plaintiff-appellee.

James M. Johnson, Sr. Asst. Atty. Gen., Olympia, Wash., for amicus curiae.

Before SKOPIL, BEEZER and FERNANDEZ, Circuit Judges.

ORDER

The opinion filed on March 1, 1991, and cited at 927 F.2d 469 (9th Cir.1991) is withdrawn. The attached opinion is ordered filed.

The panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

The full court has been advised of the suggestion for rehearing en banc. An active judge has requested a vote on whether to rehear the matter en banc. A vote has been taken...

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