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'OHANA v. U.S.

No. 95-15202.

76 F.3d 280 (1996)

Pai 'OHANA, an unincorporated association, Plaintiff-Appellant, v. UNITED STATES of America; Bryan Harry, in his capacity as the Pacific Area Director of the National Park Service, U.S. Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1996.

Attorney(s) appearing for the Case

Arnold L. Lum, Honolulu, Hawaii, for the plaintiff-appellant.

M. Alice Thurston, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Before: HUG, THOMPSON, and O'SCANNLAIN, Circuit Judges.

OPINION

HUG, Circuit Judge:

Following the submission of the parties' briefs in this case, appellants brought the recent decision of the Hawaii Supreme Court in Public Access Shoreline Hawaii v. Hawaii County Planning Comm'n, 79 Haw. 425, 903 P.2d 1246 (1995) ("PASH II"), to our attention pursuant to F.R.A.P. 28(j). Appellants relied heavily on the reasoning of this new opinion...

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