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FRATINARDO v. EMPLOYEES' RETIREMENT SYSTEM

No. 28283.

220 P.3d 1043 (2009)

Thomas E. FRATINARDO and Joseph Self, Jr., on behalf of themselves and a class of similarly situated persons, Plaintiffs-Appellees, v. The EMPLOYEES' RETIREMENT SYSTEM OF the STATE OF HAWAI`I, John Does 1-10, Jane Does 1-10, Doe Corporations 1-10, Doe Partnerships 1-10, Doe Non-Profit Organizations 1-10, and Doe Entities 1-10, Defendants-Appellants.

Intermediate Court of Appeals of Hawai`i.

December 17, 2009.

Attorney(s) appearing for the Case

Brian P. Aburano, Deputy Attorney General, State of Hawai`i, for Defendant-Appellant The Employees' Retirement System of the State of Hawai`i (Russell A. Suzuki and Diane S. Kishimoto, Deputy Attorneys General, State of Hawai`i, on the briefs).

Robert Hatch, for Plaintiffs-Appellees (Margery S. Bronster, Jeff Crabtree and Catherine Aubuchon of Bronster, Crabtree & Hoshibata, Honolulu, with him on the brief).

FOLEY, Presiding Judge, FUJISE and LEONARD, JJ.

Opinion of the Court by LEONARD, J.

This interlocutory appeal stems from the preliminary disposition of a class-action lawsuit brought by two retired police officers, Thomas E. Fratinardo and Joseph Self, Jr. (Plaintiffs), on behalf of themselves and a class of similarly-situated persons, who claim that their retirement benefits were miscalculated by Defendant-Appellant Employees' Retirement System of the State of Hawai`i (ERS). Upon ERS...

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