DAY V APOLIONA

Filing 920071226

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
VIRGIL E. DAY; MEL HOOMANAWANUI; JOSIAH L. HOOHULI; PATRICK L. KAHAWAIOLAA; SAMUEL L. KEALOHA, JR., Plaintiffs-Appellants, v. HAUNANI APOLIONA, individually and in her official capacity as Chairperson and Trustee of the Office of Hawaiian affairs; ROWENA AKANA; DANTE CARPENTER; DONALD CATALUNA; LINDA KEAWE'EHU DELA CRUZ; COLETTE Y. PI'IPI MACHADO; BOYD P. MOSSMAN; OSWALD K. STENDER; JOHN D. WAIHEE, IV, Trustees of the Office of Hawaiian Affairs of the State of Hawaii, sued in their official capacities for declaratory and prospective injunctive relief; sued in individual capacities for damages; CLAYTON HEE; CHARLES OTA, Former Trustees of the Office of Hawaiian Affairs of the State of Hawaii, sued in their individual capacities for damages, Defendants-Appellees.

No. 06-16625 D.C. No. CV-05-00649-SOM District of Hawaii, Honolulu ORDER

16749

16750

DAY v. APOLIONA

Filed December 19, 2007 Before: David R. Thompson, Marsha S. Berzon, and Richard C. Tallman, Circuit Judges.

ORDER The opinion is amended to remove the words "sua sponte" on page six of the slip opinion (page 9431).

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