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MALAHOFF v. SAITO

No. 25180.

140 P.3d 401 (2006)

111 Hawai`i 168

Alexander MALAHOFF; Linda Currivan; Diane Ferreira; Hugh Folk; Vincent Linares; David Miller; and University of Hawai`i Professional Assembly, Plaintiffs-Appellees, v. Russ K. SAITO, in his capacity as Comptroller of the State of Hawai`i; and Linda Lingle, Governor of the State of Hawai`i, Defendants-Appellants.

Supreme Court of Hawai`i.

As Corrected September 19, 2006.

Attorney(s) appearing for the Case

Kathleen N.A. Watanabe and Gary Hynds, Deputy Attorneys General, on the briefs, for defendants-appellants, on the opening brief.

James E. Halvorson and Sarah R. Hirakami, Deputy Attorneys General, on the briefs, for defendants-appellant, on the reply brief.

T. Anthony Gill and Wade C. Zukeran (of Gill & Zukeran), Honolulu, on the briefs, for plaintiffs-appellees.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ.; ACOBA, J., concurring and dissenting separately.

Opinion of the Court by MOON, C.J.

This appeal arises from the efforts of defendants-appellants Russ K. Saito, in his capacity as Comptroller of the State of Hawai`i (the State), and Linda Lingle, in her capacity as Governor of the State [hereinafter, collectively, the Defendants] to implement the new payroll payment plan provided in Hawai`i Revised Statutes (HRS) § 78-13 (Supp.2005), quoted infra, as to the faculty...

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