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HILLSTRAND v. STATE

No. 437.

395 P.2d 74 (1964)

Earl D. HILLSTRAND and Mary Jane Hillstrand, Appellants, 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., Appellees.

Supreme Court of Alaska.

September 8, 1964.

Attorney(s) appearing for the Case

James J. Delaney, Jr., and Eugene F. Wiles, Delaney, Wiles & Moore, Anchorage, for appellants.

George N. Hayes, Atty. Gen., Juneau, and Mary F. Frank, Asst. Atty. Gen., Anchorage, for appellees.

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

DIMOND, Justice.

The Congressional Act of July 24, 1947, 61 Stat. 418, provided in pertinent part that:

"In all patents for lands hereafter taken up, entered, or located in the Territory of Alaska * * * there shall be expressed that there is reserved, from the lands described in said patent * * * a right-of-way thereon for roads, roadways, highways * * * constructed or to be constructed by or under the authority of the United States or of any State created...

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