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STATE OF ALASKA v. K & L DISTRIBUTORS, INC.

No. 17183.

318 F.2d 498 (1963)

STATE OF ALASKA, Alcoholic Beverage Control Board of the State of Alaska, and Commissioner of the Department of Revenue, Appellants, v. K & L DISTRIBUTORS, INC., a Washington Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

June 17, 1963.

Attorney(s) appearing for the Case

Ralph E. Moody, Atty. Gen. for the State of Alaska, Gary Thurlow, Deputy Atty. Gen. for the State of Alaska, John E. Havelock, Asst. Atty. Gen. for the State of Alaska, Juneau, Alaska, for appellants.

Franco & Bensussen, Albert M. Franco, Seattle, Wash., McNealy, Merdes & Camarot, Robert J. McNealy, Fairbanks, Alaska, and Peter J. Kalmarides, Anchorage, Alaska, for appellees.

Before CHAMBERS, HAMLIN and KOELSCH, Circuit Judges.

CHAMBERS, Circuit Judge.

The judgment herein of the United States District Court for the District of Alaska, the constitutional court established on or about February 20, 1960, after the termination of the life of the interim court (manned by federal personnel) which functioned in the state after statehood, is vacated.

No federal question is involved and diversity of citizenship was erroneously assumed to exist, but this cannot be because domestic states of...

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