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CITY OF ANCHORAGE v. HILTON

No. 15864.

262 F.2d 139 (1958)

CITY OF ANCHORAGE, a Corporation, Appellant, v. William A. HILTON, Appellee.

United States Court of Appeals Ninth Circuit.

August 12, 1958.

Attorney(s) appearing for the Case

James M. Fitzgerald, City Atty., L. Eugene Williams, Asst. City Atty., Anchorage, Alaska, John D. Shaw, City Atty. of Palmer, Alaska, Edward A. Merdes, City Atty., Fairbanks, Alaska, Seaborn J. Buckalew, City Atty., Seward, Alaska, for appellant.

William T. Plummer, U. S. Atty., Donald A. Burr, George F. Boney, Asst. U. S. Attys., Anchorage, Alaska, for appellee.

Before FEE, CHAMBERS and BARNES, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

In this case there is only the question of whether the District Court erred in dismissing a complaint by the City of Anchorage against William A. Hilton for lack of jurisdiction.

The facts were stipulated:

"Plaintiff is a municipal corporation, organized and existing by virtue of the laws of the Territory of Alaska. The defendant is now, and at all times herein mentioned has been, the duly appointed, qualified and acting...

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