BURGERT v. LOKELANI BERNICE PAUAHI BISHOP TRUST

No. 98-16238.

200 F.3d 661 (2000)

Elizabeth Simeona BURGERT, an individual, Plaintiff-Appellant, and Francine Dawson, an individual; Belinda Anahuea Burgert, an individual; Shirley Kala, an individual; on behalf of themselves and all beneficiaries of the Bishop Estate, Plaintiffs, v. THE LOKELANI BERNICE PAUAHI BISHOP TRUST, a charitable trust administered under the laws of the State of Hawaii; Richard S.H. Wong, an individual; Marion Mae Lokelani Lindsey, an individual; Henry Peters, an individual; Gerard Jervis, an individual; Oswald K. Stender, an individual; The Bernice Pauahi Bishop Estate, a charitable trust administered under the laws if the State of Hawaii; John Does 1-5; John Does Corporations 1-5; John Does Partnerships 1-5; Roe Corporations 1-5; Doe Partnerships 1-5; Roe Non-Profit Organizations 1-5; Roe Governmental Agencies 1-5, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 26, 2000.


Attorney(s) appearing for the Case

Joseph W. Cotchett, Cotchett, Pitre & Simon, Burlingame, California, for the plaintiff-appellant.

William C. McCorriston, McCorriston, Miho, Miller & Mukai, Honolulu, Hawaii, for defendants-appellees Richard S. Wong, Marion M. L. Lindsey, and Henry Peters.

Rosemary Fazio, Ashford & Wriston, Honolulu, Hawaii, for defendant-appellee the Estate of Bernice Pauahi Bishop.

Stacey M. Robinson, McCorriston, Miho, Miller & Mukai, Honolulu, Hawaii, for the defendants-appellees.

Before: D.W. NELSON, KOZINSKI, and W. FLETCHER, Circuit Judges.


W. FLETCHER, Circuit Judge:

This appeal presents the question whether the Native Hawaiian Education Act and the Native Hawaiian Health Care Act create implied private rights of action. The district court concluded that the acts do not create such rights of action and dismissed plaintiff's suit for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). We affirm.

Elizabeth S. Burgert and others initiated this...

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