HILLSTRAND v. STATE OF ALASKA

Civ. Nos. A-16205, A-16247.

181 F.Supp. 219 (1960)

Earl D. HILLSTRAND and Mary Jane Hillstrand, Plaintiffs, v. STATE OF ALASKA: Department of Public Works, State of Alaska; Richard Downing, Commissioner of the Department of Public Works, State of Alaska; Lee Hubbard, Director of Highways, Department of Public Works, State of Alaska; M. B. Contracting Co., Defendants. John C. ZAK, Plaintiff, v. UNITED STATES of America; The Bureau of Public Roads of the U. S. Department of Commerce of The United States of America; E. H. Swick, Regional Director of the Bureau of Public Roads of the United States Department of Commerce; State of Alaska; Department of Works of the State of Alaska; Richard Downing, Commissioner of Public Works of the State of Alaska, Defendants.

District Court, Alaska, Third Division, Anchorage.

Review Denied May 13, 1960.


Attorney(s) appearing for the Case

Plummer & Delaney, Anchorage, Alaska, for plaintiffs Earl D. Hillstrand and Mary Jane Hillstrand.

Irvine & Clark, Anchorage, Alaska, for plaintiff John C. Zak.

Warren C. Colver, Asst. Atty. Gen., for defendant State of Alaska.

Merrell L. Andersen, Asst. U. S. Atty., Anchorage, Alaska, for defendant United States.


McCARREY, District Judge.

These two cases have been consolidated for the purpose of a jurisdictional determination on a question of law common to both. The State of Alaska has filed a motion for summary judgment, wherein they request the Court to dismiss the claims for relief filed by the plaintiffs for the reason that 48 U.S.C.A. § 321d gives the State the right to enter upon the property in question for the purpose of changing present existing roadways and...

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