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CITY OF FAIRBANKS v. SCHAIBLE

No. 38.

352 P.2d 129 (1960)

CITY OF FAIRBANKS, a municipal corporation, Petitioner, v. Arthur J. SCHAIBLE, Executor of the Estate of Druska C. Schaible, and The Lathrop Company, Respondents.

Supreme Court of Alaska.

May 2, 1960.

Attorney(s) appearing for the Case

Charles J. Clasby, Fairbanks, for petitioner.

Robert A. Parrish, Wm. V. Boggess, Fairbanks, R. Boochever, Juneau, for respondents.

Before NESBETT, C.J., and AREND and DIMOND, JJ.

PER CURIAM.

The City of Fairbanks seeks an interlocutory review of a decision of the United States District Court for the District of Alaska, Fourth Division, which denied petitioner's motions for summary judgment or in the alternative for judgment by default and for dismissal for failure to state a claim.

The action was commenced by the executor of the Estate of Druska C. Schaible against the City of Fairbanks and The Lathrop Company seeking to recover for...

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