Kuahulu v. Employers Insurance Of Wausau

557 F.2d 1334 Bernard KUAHULU, for himself and for all others similarly situated, Plaintiffs-Appellants. v. EMPLOYERS INSURANCE OF WAUSAU, John Mullen & Co., Inc., Joshua Agsalud, in his capacity as Director of the State of Hawaii, Department of Labor and Industrial Relations, Disability Compensation Division, State of Hawaii, Defendants-Appellees. No. 75-3631. United States Court of Appeals, Ninth Circuit. July 21, 1977. Benjamin L. Carroll, III, Gould & McKenzie, Honolulu, Hawaii, argued for plaintiffs-appellants. Howard F. McPheeters, Conroy, Hamilton, Gibson, Nickelsen & Rush, Honolulu, Hawaii, argued; Leroy T. Kuwasaki, Jr., Deputy Atty. Gen., Honolulu, Hawaii, for defendants-appellees. Appeal from the United States District Court for the District of Hawaii. Before ELY, HUFSTEDLER and WRIGHT, Circuit Judges. HUFSTEDLER, Circuit Judge: 1 The present appeal raises complex questions with respect to the application of the now defunct Three-Judge Court Act, 28 U.S.C. § 2281 (1965) (repealed 1976) and the abstention doctrine. (See Railroad Commission of Texas v. Pullman Co. (1941) 312 U.S. 496 , 61 S.Ct. 643 , 85 L.Ed. 971 .) 2 Appellant Kuahulu became disabled in…