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SUNTRANA MINING CO. v. USIBELLI COAL MINE

No. 8603.

157 F.Supp. 544 (1958)

SUNTRANA MINING CO., Inc., an Alaskan Corporation, Plaintiff, v. USIBELLI COAL MINE, Inc., and A. Ben Shallit, d/b/a Cripple Creek Coal Company, Defendants.

District Court, Alaska, Fourth Division, Fairbanks.

January 2, 1958.

Attorney(s) appearing for the Case

E. L. Arnell and George M. McLaughlin, Anchorage, Alaska, for plaintiff.

Charles J. Clasby, of Collins & Clasby, Fairbanks, Alaska, for defendant Usibelli Coal Mine, Inc.

Robert A. Parrish, Fairbanks, Alaska, for defendant A. Ben Shallit, d/b/a Cripple Creek Coal Co.

TOLIN, District Judge.

This litigation was commenced by a complaint, since amended, wherein plaintiff alleged certain hereinafter described acts of alleged continuing trespass and maintenance of a nuisance. The prayer of the complaint seeks injunctive relief and, as amended, the complaint prays for damages because of losses heretofore suffered. Both defendants raise a challenge to the jurisdiction of the Court. It is not well taken nor was it supported by citations...

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