MYRICK v. UNION OIL COMPANY

No. 23326.

418 F.2d 135 (1969)

Walter F. MYRICK et al., Appellants, v. UNION OIL COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

November 3, 1969.


Attorney(s) appearing for the Case

M. Ashley Dickerson (argued), Anchorage, Alaska, for appellants.

Charles P. Flynn (argued), of Burr, Pease & Kurtz, Anchorage, Alaska, for appellee.

Before BARNES, ELY and HUFSTEDLER, Circuit Judges.


PER CURIAM.

The District Court dismissed appellants' trespass and nuisance action against appellee, Union Oil Company of California ("Union"), on the ground that the court lacked jurisdiction, "as all issues brought before this Court by plaintiffs are or could be presently in the process of adjudication before the Superior Court for the State of Alaska." We reverse.

On April 26, 1965, the State of Alaska issued a Utility Permit to Union to construct a 20-inch...

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