DAY V APOLIONA, No. 06-16625 (9th Cir. 2007)

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FILED FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 19 2007 CATHY A. CATTERSON, CLERK U .S. C O U R T OF APPE ALS 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 Before: THOMPSON, BERZON, and TALLMAN, Circuit Judges. The opinion is amended to remove the words sua sponte on page six of the slip opinion (page 9431). 2

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