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WALKER v. ALASKA STATE MORTGAGE ASSOCIATION

No. 669.

416 P.2d 245 (1966)

William R. WALKER, on Behalf of himself and all other taxpayers of the State of Alaska, Appellant, v. ALASKA STATE MORTGAGE ASSOCIATION, Albert R. Vacura, Robert Petro, Donald Mellish, M. G. Gebhart, A. H. Romick, and the State of Alaska, Appellees.

Supreme Court of Alaska.

June 30, 1966.

Attorney(s) appearing for the Case

John M. Conway, Atkinson, Wade & Conway, Anchorage, for appellant.

Warren C. Colver, Atty. Gen., Juneau, John K. Brubaker, Dist. Atty., Anchorage, for appellees.

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

RABINOWITZ, Justice.

This is the second time that this case has reached us. On the first occasion the matter was remanded to the superior court because of dissatisfaction with the state of the record upon which the constitutional issues involved were determined on summary judgment. In our opinion in Ault v. Alaska State Mortgage Ass'n,1 we said:

We are not holding that summary judgment procedure in cases of this nature is unacceptable...

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