PARKER v. McCARREY

No. 16499.

268 F.2d 907 (1959)

Leonard Wesley PARKER, Petitioner, v. Honorable J. L. McCARREY, Jr., District Judge of the District Court for the Territory of Alaska, Third Division, Respondent.

United States Court of Appeals Ninth Circuit.

June 16, 1959.


Attorney(s) appearing for the Case

Wendell P. Kay, Buell A. Nesbett, James J. Delaney, Arthur D. Talbot, Russell E. Arnett, Anchorage, Alaska, for appellant.

Malcolm R. Wilkey, Asst. Atty. Gen., Robert S. Erdahl, Donald H. Green, Herman Marcuse, Daniel Ohlbaum, Carl H. Imlay, Attys., Dept. of Justice, Washington, D. C., William T. Plummer, U. S. Atty., Anchorage, Alaska, John L. Rader, Atty. Gen., State of Alaska, amici curiae.

Before CHAMBERS, BARNES and JERTBERG, Circuit Judges.


PER CURIAM.

Alaska became the 49th state of the United States and ceased to be a territory by virtue of the President's proclamation on January 3, 1959.1 Under the Alaska Enabling Act,2 the existing territorial court with its four divisions3 was continued upon an interim basis for an indefinite time, but not to exceed three years.4 Thus, the act contemplated...

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