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CHEVRON U.S.A., INC. v. CAYETANO

No. Civ. 97-00933 ACK.

57 F.Supp.2d 1003 (1998)

CHEVRON U.S.A. INC., Plaintiff, v. Benjamin J. CAYETANO, et al., Defendants.

United States District Court, D. Hawaii.

November 10, 1998.

Attorney(s) appearing for the Case

Reginald D. Steer, Robert C. Phelps, Saul D. Bercovitch, Pillsbury Madison & Sutro, San Francisco, CA, Bruce C. Bigelow, Case Bigelow & Lombardi, Honolulu, HI, John R. Myrdal, Jeffrey A. Damasiewicz, Verner Liipfert Bernhard, McPherson and Hand, Honolulu, HI, for plaintiff.

Ted G. Clause, Ted Gamble Clause, Office of the Attorney General — State of Hawaii, Honolulu, HI, for defendants.

Ted G. Clause, (See above), for Margery S. Bronster, Attorney General, of the State of Hawaii, defendant.

ORDER RE: MOTIONS FOR SUMMARY JUDGMENT

KAY, Chief Judge.

SYNOPSIS

The Court is mindful of the strongly felt concerns of the legislature that Hawaii's consumers are paying too much for gasoline. However, the Court finds that Act 257 as crafted fails to substantially further this legitimate state interest, and therefore effects an unconstitutional taking.1 Section 3(c) of Act 257, which limits rents that...

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