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STATE OF ALASKA v. HABBITT

No. 95-36122.

182 F.3d 672 (1999)

STATE OF ALASKA, Plaintiff-Appellant, v. Bruce E. BABBITT, Secretary of the Interior; United States of America, William T. Bryant, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated November 16, 1998.

Reargued and Resubmitted January 25, 1999.

Decided June 18, 1999.

Attorney(s) appearing for the Case

E. John Athens, Jr., Assistant Attorney General, Fairbanks, Alaska, for the plaintiff-appellant.

Paul R. Lyle (briefed), Assistant Attorney General, Fairbanks, Alaska, for the plaintiff-appellant.

Jeffrey P. Kehne (briefed), United States Department of Justice, Washington, D.C., for the defendants-appellees.

Andrew C. Mergan (argued), United States Department of Justice, Washington, D.C., for the defendants-appellees.

Before: NOONAN, THOMPSON, and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

The United States issued a 500 acre grant to the State of Alaska in 1961. The grant was of a right of way for a material site to mine gravel. It was part of a comprehensive scheme of right of way grants for what has become the Parks Highway, the primary highway between Anchorage and Fairbanks. The highway was constructed, in parts quite slowly over extraordinarily rugged terrain, during 1969-71. The land at issue in this case is about 30...

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