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IN THE SUPREME COURT OF THE STATE OF HAWAI#I ---o0o--SCI MANAGEMENT CORPORATION; HAWAIIAN MEMORIAL PARK CEMETERY; HAWAIIAN MEMORIAL LIFE PLAN, LTD. dba BORTHWICK MORTUARIES; and DEREK KIM, Plaintiffs-Appellees, vs. DARRYLLYNNE SIMS, and TAMMY QUINATA; HARRY YEE, FAYE KENNEDY, JACK LAW, JUNE MOTOKAWA, and ALLYCYN HIKADA TASAKA, in their official capacities as Commissioners of the HAWAI#I CIVIL RIGHTS COMMISSION, DEPARTMENT OF LABOR & INDUSTRIAL RELATIONS, STATE OF HAWAI#I; and WILLIAM D. HOSHIJO, in his official capacity as Executive Director of the HAWAI#I CIVIL RIGHTS COMMISSION, DEPARTMENT OF LABOR & INDUSTRIAL RELATIONS, STATE OF HAWAI#I, Defendants-Appellants. NO. 24485

MOTION FOR RECONSIDERATION (CIVIL. NO. 01-1-0776) JULY 9, 2003 ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR RECONSIDERATION (By: Moon, C.J., Levinson and Nakayama, JJ. The motion for reconsideration filed on June 30, 2003 by the defendants-appellants Hawai#i Civil Rights Commission (HCRC) and `William D. Hoshijo, in his official capacity as Executive Director of the HCRC, requesting that this court review its published opinion, filed on June 18, 2003, is hereby granted in part and denied in part. The motion is granted to the extent

that the passage "may decide in favor of the respondent on the merits, thereby ending the matter. . . ." on page 29 of the opinion is amended simply to read "may decide in favor of the respondent on the merits . . . ." is denied in all other respects. The motion for reconsideration

The Clerk of the Court is directed to incorporate the foregoing change in the original opinion.

Justice Acoba, having dissented from the majority opinion, would grant the motion for reconsideration but on the grounds set forth in his dissent.

Carl M. Varady and Eric K. Yamamoto, special counsel for the Hawai#i Civil Rights Commission (HCRC), for the defendants-appellants HCRC and William D. Hoshijo, in his official capacity as Executive Director of the HCRC, on the motion

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