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NO. 26186 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

DUANE PREBLE and MARION EVERSON, Plaintiff-Appellants, vs. BOARD OF TRUSTEES OF THE EMPLOYEES RETIREMENT SYSTEM OF THE STATE OF HAWAI#I; ADMINISTRATOR OF THE EMPLOYEES RETIREMENT SYSTEM OF THE STATE OF HAWAI#I; and THE EMPLOYEES RETIREMENT SYSTEM OF THE STATE OF HAWAI#I, Defendants-Appellees.

APPEAL FROM THE FIRST CIRCUIT COURT (Civ No. 02-1-0832) ORDER DENYING MOTION TO DISMISS APPEAL (By: Levinson, J. for the court1) Upon consideration of defendants-appellees' motion to dismiss appeal, the papers in support and in opposition and the record, IT IS HEREBY ORDERED that the motion to dismiss appeal is denied without prejudice to raising the issues presented therein in the answering briefs. DATED: Honolulu, Hawai#i, February 6, 2004. FOR THE COURT:

STEVEN H. LEVINSON Associate Justice Kevin P.H. Sumida and Lance S. Au of Matsui Ching Sumida & Tsuchiyama for defendants-appellees ERS Administrator and ERS on the motion Mark J. Bennett, Dorothy Sellers and Kimberly Tsumoto for defendant-appellee ERS Board of Trustees on the joinder

Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Circuit Judge Alm, in place of Duffy, J., recused.

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