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TALBOT'S, INC. v. CESSNUN ENTERPRISES, INC.

No. 1735.

518 P.2d 1064 (1974)

TALBOT'S, INC., an Alaska corporation, Appellant, v. CESSNUN ENTERPRISES, INC., et al., Appellees.

Supreme Court of Alaska.

February 8, 1974.

Attorney(s) appearing for the Case

George L. Gucker and W.C. Stump of Stump & Stump, Ketchikan, for appellant.

Edward G. King, Ziegler, Ziegler & Cloudy, Ketchikan, for appellees.

Edward A. Stahla, City Atty., Ketchikan, amicus curiae.

Before RABINOWITZ, C.J., and CONNOR, ERWIN, BOOCHEVER and FITZGERALD, JJ.

OPINION

ERWIN, Justice.

This controversy centers upon an alleged easement across a tidelands parcel located in the City of Ketchikan. The original title was passed to the United States by the Treaty of Cession (1867).1 In 1957, the United States passed title to the tidelands to the Territory of Alaska under the Tidelands Act.2 While the federal government retained certain rights (navigational servitudes...

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