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BERGER v. OHLSON

No. 9554.

120 F.2d 56 (1941)

BERGER v. OHLSON et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 4, 1941.

Attorney(s) appearing for the Case

W. N. Cuddy and Roy Bunn, both of Anchorage, Alaska, and McMicken, Rupp & Schweppe, Otto B. Rupp, Alfred J. Schweppe, and J. Gordon Gose, all of Seattle, Wash., for appellant.

Norman M. Littell, Asst. Atty. Gen., Joseph W. Kehoe, U. S. Atty., of Seward, Alaska, and Vernon L. Wilkinson, John P. Hearne, Frank J. Dugan, and Roger P. Marquis, Attys. Department of Justice, all of Washington, D. C., for appellees.

Before WILBUR, GARRECHT, and HEALY, Circuit Judges.

WILBUR, Circuit Judge.

This is a suit by appellant against appellees to enjoin them from preventing him from discharging cargo over the "City Dock" near Anchorage, Alaska, and hauling it to the city over a roadway across land owned by the government, without the payment of wharfage fees claimed by appellees, O. F. Ohlson, general manager, and J. T. Cunningham, as acting general manager, of the government owned and operated Alaska Railroad. This dock is located on...

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