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TRIVECTRA v. USHIJIMA

No. 25312.

144 P.3d 1 (2006)

In the Matter of TRIVECTRA, aka Trivectra, Inc.; Curtis N. Gushi; Donovan D. Oda, Respondents-Appellants-Appellants, v. Ryan S. USHIJIMA, Commissioner of Securities, Department of Commerce and Consumer Affairs, State of Hawai'i; State of Hawai`i, Department of Commerce and Consumer Affairs, Appellees-Appellees.

Supreme Court of Hawai`i.

September 11, 2006.

Attorney(s) appearing for the Case

Neal K. Aoki of Koshiba Agena & Kubota, on the briefs, Honolulu, for respondents-appellants-appellants TriVectra, Inc., Curtis N. Gushi and Donovan D. Oda.

Richard A. Young, Securities Enforcement Branch, Department of Commerce and Consumer Affairs, State of Hawai`i, on the briefs, for appellees-appellees Ryan S. Ushijima, Commissioner of Securities, Department of Commerce and Consumer Affairs; State of Hawai`i, Department of Commerce and Consumer Affairs.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ.; and ACOBA, J., Concurring Separately and Dissenting.

Amended Opinion of the Court by LEVINSON, J.

The appellants-appellants TriVectra, Inc., Curtis N. Gushi, and Donovan D. Oda [hereinafter, collectively, "the Appellants"]1 appeal from the August 27, 2002 judgment of the circuit court of the first circuit, the Honorable Eden Elizabeth Hifo presiding, affirming the February 14, 2002 final order of Ryan S. Ushijima, Commissioner of Securities of the State of Hawai`i Department of Commerce...

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