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KALIMA v. STATE

No. 24784.

137 P.3d 990 (2006)

111 Hawai`i 84

Leona KALIMA, Dianne Boner, and Raynette Nalani Ah Chong, Special Administrator of the Estate of Joseph Ching, Deceased, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. STATE of Hawai`i; State of Hawai`i Department of Hawaiian Home Lands; State of Hawai`i Hawaiian Home Lands Trust Individual Claims Review Panel; Linda Lingle, in her official capacity as Governor of the State of Hawaii, Defendants-Appellants, and John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, Doe Partnerships 1-10, and Doe Governmental Entities 1-10, Defendants.

Supreme Court of Hawai`i.

June 30, 2006.

Attorney(s) appearing for the Case

Charleen M. Aina (Girard D. Lau, with her on the briefs), Deputy Attorneys General, for defendants-appellants.

Carl M. Varady (Thomas R. Grande and Stanley E. Levin, with him on the briefs), Honolulu, for plaintiffs-appellees.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ.; and Circuit Judge SAKAMOTO, in place of ACOBA, J., Recused.

Opinion of the Court by MOON, C.J.

The instant interlocutory appeal centers around threshold issues in a class action involving 2,721 claimants, brought by three representatives on behalf of all those similarly situated [hereinafter, the plaintiffs],1 who are beneficiaries of the Hawaiian home lands trust [hereinafter, the trust or the Hawaiian home lands trust] under the "Hawaiian Homes Commission Act, 1920" (the HHCA), adopted in the...

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