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NO. 22610 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ RODERICK CASINO; SHIRLY LAYUGAN; EVANGELINE LOSBOG; UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO, Plaintiffs-Appellants vs. STATE OF HAWAI#I, DEPARTMENT OF HEALTH; CHIYOME L. FUKINO, M.D.,1 DIRECTOR, in her official capacity as Director, Department of Health; LINDA LINGLE,2 in her official capacity as Governor of the State of Hawai#i; INTER-STATE PHARMACY CORP.; PHARMACY CORPORATION OF AMERICA, Defendants-Appellees and JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; ROE NON-PROFIT ORGANIZATIONS 1-10; and ROE GOVERNMENTAL ENTITIES 1-10, Defendants _________________________________________________________________ APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 97-2127) ORDER OF AMENDMENT Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

(By:

The Summary Disposition Order filed on December 29, 2003 is amended as follows (deletions are bracketed and additions are double underscored):

Pursuant to Hawai #i Rules of Appellate Procedure (HRAP) Rule 43(c)(1), Chiyome L. Fukino, M.D., the current Director of the State of Hawai #i Department of Health, has been substituted for Lawrence Miike, the director at the time this case was decided by the first circuit court.
2 Pursuant to HRAP Rule 43(c)(1), Linda Lingle, the current Governor of the State of Hawai #i, has been substituted for Benjamin Cayetano, the Governor at the time this case was decided by the first circuit court.

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Footnote 3 on page 2:

The Honorable [Kevin

S.C. Chang] Marie N. Milks presided over this matter. 2. Line 10 from the top of page 8: DATED:

Honolulu, Hawai#i, December 29, 200[1]3. 3. Line 1 from the bottom of page 8: defendants-

appellees State of Hawai#i, Department of Health; Chiyome L. Fukino, M.D., Director of the Department of Health; and Linda Lingle, Governor, State of Hawai#i. 4. credits: The following is added to the attorney Jeffrey S. Harris and Karen R. Tashima

(Torkildson, Katz, Fonseca, Jaffe, Moore & Hetherington) for defendants-appellees Inter-State Pharmacy Corp. and Pharmacy Corporation of America. An amended opinion is being filed concurrently with this order, incorporating Nos. 1, 3, and 4 above. The Clerk of

the Court is directed to provide a copy of this order and a copy of the amended opinion to the parties. The Clerk of the Court is

further instructed to distribute copies of this order of amendment to those who received the previously filed order. DATED: Honolulu, Hawai#i, January 12, 2004.

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