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HONDA v. BD. OF TRUST. RETIREMENT SYSTEM

No. 23625.

120 P.3d 237 (2005)

108 Hawai`i 338

Katsumi HONDA, Deceased, by Arlene S. KAMAKANA, Special Administrator of the Estate of Helen Shizuko Honda, Deceased, Petitioner, Appellant-Appellee v. BOARD OF TRUSTEES OF THE EMPLOYEES' RETIREMENT SYSTEM OF The STATE OF HAWAI`I, Appellee-Appellant.

Supreme Court of Hawai`i.

September 15, 2005.

Attorney(s) appearing for the Case

Russell Suzuki and Adina Kobayashi Cunningham, Deputy Attorneys General, on the motion, for appellee-appellant.

Reid A. Nakamura and Kurt K. Leong (Oliver, Lau, Lawhn, Ogawa & Nakamura), in opposition, for appellant-appellee.

NAKAYAMA, ACOBA, JJ., and Circuit Judge DEL ROSARIO, In Place of DUFFY, J., Recused; and LEVINSON, J., DISSENTING, with Whom MOON, C.J., Joins.

Opinion of the Court by ACOBA, J.

Appellee-Appellant Board of Trustees of the Employees' Retirement System of the State of Hawai`i (the ERS or ERS Board) filed a motion for reconsideration (the motion) of this court's June 17, 2005 published opinion (the opinion), which (1) vacated the July 28, 2000 final judgment of the circuit court of the first circuit (the court) and (2) remanded the case to the court with instructions to remand the case to the ERS to hold further...

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