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PREBLE v. BOARD OF TRUSTEES OF ERS OF STATE

Nos. 26186, 26292.

143 P.3d 37 (2006)

Duane PREBLE and Marion Everson, Plaintiffs-Appellants, v. BOARD OF TRUSTEES OF the EMPLOYEES' RETIREMENT SYSTEM OF the STATE OF HAWAI`I, Administrator of the Employees' Retirement System of the State of Hawai`i, and Employees' Retirement System of the State of Hawai`i, Defendants-Appellees. Duane Preble and Marion Everson, Petitioners-Appellants-Appellants, v. Employees' Retirement System of the State of Hawai`i, Respondent-Appellant-Appellant, and Board of Trustees of the Employees' Retirement System of the State of Hawai`i, Appellant-Appellant.

Supreme Court of Hawai`i.

September 20, 2006.

Attorney(s) appearing for the Case

Charles K.Y. Khim, on the briefs, Honolulu, for the petioners-appellants-appellants/plaintiffs-appellants Duane Preble and Marion Everson.

Kevin P.H. Sumida, of Matsui Chung Sumida & Tsuchiyama, on the briefs, Honolulu, for the defendant-appellee David Shimabukuro, Administrator of the ERS and the respondent-appellee-appellee/defendant-appellee ERS.

Kimberly Tsumoto, Deputy Attorney General, on the briefs, for the appellee-appellee/defendant-appellee Board of Trustees of the ERS.

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

Opinion of the Court by LEVINSON, J.

In these consolidated appeals, the petitioners-appellants-appellants/plaintiffs-appellants Duane Preble and Marion Everson [hereinafter, collectively, "the Appellants"] appeal from: (1) the October 3, 2003 judgment of the circuit court of the first circuit, the Honorable Virginia Lea Crandall presiding, in favor of the respondent-appellee-appellee/defendant-appellee Employees' Retirement...

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