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ARAKAKI v. HAWAII

No. 00-17213.

314 F.3d 1091 (2002)

Earl F. ARAKAKI; Evelyn C. Arakaki; Patrick Barrett; Sandra P. Burgess; Edward U. Bugarin; Patricia A. Carroll; Robert M. Chapman; Brian Clarke; Kenneth R. Conklin; Michael Y. Garcia; Toby M. Kravet; Thurston Twigg-Smith; Jean Yokoyama, Plaintiffs-Appellees, v. State of HAWAII; Benjamin J. Cayetano, in his official capacity as the Governor of the State of Hawaii; Dwayne D. Yoshina, in his official capacity as Chief Election Officer of the State of Hawaii, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 31, 2002.

Attorney(s) appearing for the Case

Girard D. Lau, Deputy Attorney General, Honolulu, HI, for the Defendants-Appellants.

Patrick W. Hanifin, Honolulu, HI, for the Plaintiffs-Appellees.

Deborah G. Kiley, Sacramento, CA, for amicus curiae Pacific Legal Foundation.

Before WALLACE, TASHIMA, and TALLMAN, Circuit Judges.

Opinion by Judge TASHIMA; Concurrence by Judge WALLACE.

OPINION

TASHIMA, Circuit Judge.

Defendants-Appellants, State of Hawaii, Benjamin J. Cayetano, in his official capacity as Governor of the State of Hawaii, and Dwayne D. Yoshina, in his official capacity as Chief Elections Officer of the State of Hawaii (collectively "Hawaii" or the "State"), appeal the district court's grant of summary judgment to Plaintiffs-Appellees, Earl F. Arakaki and twelve...

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