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TURNER v. CHANDLER

No. 19833.

955 P.2d 1062 (1998)

87 Hawai`i 330

James E. TURNER, Appellant-Appellant, v. Susan M. CHANDLER, Director, Department of Human Services, State of Hawai`i, Appellee/Third-Party Plaintiff-Appellee, v. Dan GLICKMAN, Secretary, United States Department of Agriculture, Third-Party Defendant-Appellee.

Intermediate Court of Appeals of Hawai`i.

March 27, 1998.

Attorney(s) appearing for the Case

Tucker A. Dacey, Legal Aid Society of Hawai`i, on the briefs, Kaneohe, for appellant-appellant.

Dorothy Sellers, Deputy Attorney General, State of Hawai`i, on the brief, for appellee/third-party plaintiff-appellee.

Michael Chun, Assistant U.S. Attorney, and Barbara C. Biddle and Peter R. Maier, U.S. Department of Justice, Washington DC, on the brief, for third-party defendant-appellee.

Before BURNS, C.J., and WATANABE and KIRIMITSU, JJ.

WATANABE, Judge.

Two primary questions are presented by this appeal: (1) whether the Food Stamp Act of 1977 (the Act), 7 U.S.C. § 2011 et seq., and regulations promulgated by the Secretary to implement the Act, preempt Hawai`i law on equitable estoppel from being applied against the State of Hawai`i (State), Department of Human Services (DHS) in DHS's efforts to recover for overissuances of food stamps; and (2) whether DHS is equitably estopped from recovering...

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