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EYAK ELDERS COUNCIL v. SHERSTONE, INC.

No. S-5844.

904 P.2d 420 (1995)

EYAK TRADITIONAL ELDERS COUNCIL, Marie Smith Jones, Glen E. Lankard, Jr., Pamela Jean Smith, Faye Pahl and Rosie Sophie Starek, Appellants, v. SHERSTONE, INC., Eyak Corporation and Sound Development, Inc., Appellees.

Supreme Court of Alaska.

October 20, 1995.

Attorney(s) appearing for the Case

Peter Van Tuyn, Trustees for Alaska, Anchorage, for appellants.

James D. Linxwiler and Gregory G. Silvey, Guess & Rudd, Anchorage, for appellees.

Before MOORE, C.J., RABINOWITZ, MATTHEWS, COMPTON and EASTAUGH, JJ.

OPINION

RABINOWITZ, Justice.

The Eyak Traditional Elders Council and five individual Eyak Natives (collectively the "Council") sought unsuccessfully to prevent Sherstone, Inc. from clearcut harvesting a 50-acre tract of timber believed to be the location of an historic Eyak village and burial ground. Following the Council's motion to voluntarily dismiss pursuant to Civil Rule 41(a)(2), the superior court dismissed the case with prejudice and awarded...

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