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TOWN OF FAIRBANKS, ALASKA v. UNITED STATES S., R. & M. CO.

No. 12348.

186 F.2d 126 (1950)

TOWN OF FAIRBANKS, ALASKA, v. UNITED STATES SMELTING, REFINING & MINING CO., Inc., et al.

United States Court of Appeals Ninth Circuit.

November 27, 1950.

Attorney(s) appearing for the Case

Collins & Clasby, Chas. J. Clasby, all of Fairbanks, Alaska, for appellant.

Southall R. Pfund, San Francisco, Cal. (Pillsbury, Madison & Sutro, Allan R. Moltzen, all of San Francisco, Cal., of counsel), for appellee U. S. Smelting, Refining & Mining Co.

Julien A. Hurley, Fairbanks, Alaska, for appellee Slater.

Before DENMAN, HEALY, and BONE, Circuit Judges.

HEALY, Circuit Judge.

This is an appeal by the town of Fairbanks, Alaska, from a judgment dismissing its petition for the annexation of an area of contiguous lands.

The statute, § 16-1-22, Alaska Compiled Laws Annotated 1949, provides that when the council of a city desires to annex contiguous territory, it shall file in the court "a petition signed by a majority of the owners of substantial property interests in land or possessory rights in land" within...

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