NO. 26315





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I





CHUONG THANH HUA, Plaintiff-Appellant, v.
BOARD OF TRUSTEES OF THE EMPLOYEES' RETIREMENT SYSTEM, STATE OF
HAWAI`I, Defendant-Appellee





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 03-1-1163)





ORDER DENYING MOTION FOR RECONSIDERATION
(By: Lim, Presiding Judge, Foley and Fujise, JJ.)

Upon consideration of Defendant-Appellee Board of Trustees of the Employee's Retirement System of the State of Hawai`i's motion for reconsideration or, alternatively, clarification, filed on September 18, 2006, of the Intermediate Court of Appeals' Opinion filed on September 8, 2006, the papers in support, and the records and files herein,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai`i, September 21, 2006.

On the motion:

Adina Kobayashi Cunningham and
Russell Suzuki,
Deputy Attorneys General,
for Defendant-Appellee.