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ALASKA STEAMSHIP CO. v. MULLANEY

No. 12,298.

180 F.2d 805 (1950)

ALASKA STEAMSHIP CO. v. MULLANEY, Commissioner of Taxation.

United States Court of Appeals Ninth Circuit

March 1, 1950

Attorney(s) appearing for the Case

Bogle, Bogle & Gates, Frank L. Mechem, Seattle, Wash., Faulkner, Banfield & Boochever, H. L. Faulkner, Juneau, Alaska, for appellant.

J. Gerald Williams, Attorney General of Alaska, John H. Dimond, Asst. Atty. Gen., for appellee.

John Geisness, Bassett & Geisness, Seattle, Wash., as amicus curiae;

Sam L. Levinson, Edwin J. Friedman, Levinson & Friedman, Seattle, Wash., as amicus curiae;

Francis R. Kirkham, Harry R. Horrow, Frank H. Roberts, San Francisco, Cal., for Alaska Packers Assn., as amicus curiae. (Pillsbury, Madison & Sutro, San Francisco, Cal., of counsel).

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, I. Henry Kutz, Sp. Assts. to the Atty. Gen., (Mastin G. White, Solicitor, Dept. of Interior, Irwin W. Silverman, Chief Counsel, Div. of Territories & Island Possessions, Dept. of the Interior, Washington, D. C., of counsel), for United States as amicus curiae.

Before DENMAN, Chief Judge, ORR and POPE, Circuit Judges.

POPE, Circuit Judge.

The appellant operates a line of vessels for the transportation of freight and passengers between Seattle, Washington, and ports of Alaska. At the time to which this controversy relates, its 12 vessels were manned by 706 seamen all of whom were non-residents of Alaska. It also had 19 resident Alaska shore employees and some Seattle resident shore employees who made extended trips for the Company to Alaska.

On January 22, 1949, an extraordinary...

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