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UNITED STATES v. STATE OF ALASKA

No. 24001.

423 F.2d 764 (1970)

UNITED STATES of America, Appellant, v. STATE OF ALASKA et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 29, 1970.

Attorney(s) appearing for the Case

Edmund B. Clark (argued), Atty., Dept. of Justice, Shiro Kashiwa, Asst. Atty. Gen., Dept. of Justice, Washington, D. C.; Douglas B. Baily, U. S. Atty., Anchorage, Alaska, Frank B. Friedman, Philadelphia, Pa., for appellant.

Robert L. Hartig, Asst. Atty. Gen. (argued), J. Rhodes (argued), Anchorage, Alaska, Joseph Rudd (argued), of Ely, Guess, Rudd & Havelock, Anchorage, Alaska, for appellees.

Before ELY, KILKENNY and TRASK, Circuit Judges.

KILKENNY, Circuit Judge:

This appeal grows out of an action by the United States to quiet title to the lands under Tustumena Lake, located in the southern half of the Kenai Moose Range in Alaska, in which action the state of Alaska and certain of its oil and gas lessees are parties defendant. All parties filed motions for summary judgment. All agree that the relevant facts are not in dispute. The trial court entered a summary judgment in favor of appellees on the...

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