Legal Opinion
Deak-Perera Hawaii, Inc. v. Department of Transportation
District Court, D. Hawaii
Decided March 7, 1983No. Civ. 82-0334PublishedCited by 5 opinions
1Opinion of the Court
DECISION
PENCE, Senior District Judge.
This matter came before the court on cross motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. The arguments were heard on September 1, 1982.
The motions sought to determine the legal issues of whether or not defendants, the State of Hawaii’s Department of Transportation, its director Ryokichi Higashionna and Airport Chief Owin Miyamoto (collectively the DOT), were entitled to “state-action immunity” under Parker v. Brown, 317 U.S. 341, 63 S.Ct. 307, 87 L.Ed. 315 (1943), or were entitled to Eleventh Amendment immunity;…
2Cases cited21 opinions
- Parker v. BrownSupreme Court of the United States · 1943
- Gibson v. BerryhillSupreme Court of the United States · 1973
- Bates v. State Bar of ArizonaSupreme Court of the United States · 1977
- Goldfarb v. Virginia State BarSupreme Court of the United States · 1975
- California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc.Supreme Court of the United States · 1980
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3Cited by5 opinions
- Deak-Perera Hawaii, Inc. v. Department of Transportation, State of Hawaii, and Citicorp (Usa), Inc., Intervenor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
- Ciminelli v. CablevisionDistrict Court, E.D. New York · 1984
- Flav-O-Rich, Inc. v. North Carolina Milk CommissionDistrict Court, E.D. North Carolina · 1983
- Charley's Taxi Radio Dispatch Corp. v. Sida of Hawaii, Inc.District Court, D. Hawaii · 1983
- Dakota Territory Tours ACC v. Sedona-Oak Creek Airport Auth. Inc.District Court, D. Arizona · 2019