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UNITED STATES v. CITY OF ANCHORAGE, STATE OF ALASKA

Nos. 25011, 25029.

437 F.2d 1081 (1971)

UNITED STATES of America, Plaintiff-Appellant, v. CITY OF ANCHORAGE, STATE OF ALASKA, Union Oil Company of California, Kaiser Cement-Gypsum Corporation, and Northern Gas Company, Inc., Defendants-Appellees. FISH AND FARM PRODUCTS, INC., Cook Inlet Tug and Barge Company, Alaska Aggregate Corporation, and Tidewater Packing Company, Defendants-Appellants, v. CITY OF ANCHORAGE, STATE OF ALASKA, Union Oil Company of California, Kaiser Cement-Gypsum Corporation, and Northern Gas Company, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 25, 1971.

Attorney(s) appearing for the Case

Martin Green, Atty., Dept. of Justice, Shiro Kashiwa, Asst. Atty. Gen., Washington, D. C., Douglas Baily, U. S. Atty., Anchorage, Alaska, for appellant United States.

W. C. Arnold (argued), Anchorage, Alaska, for appellant Fish & Farm Products Inc., and others.

Joseph D. Mullender, Jr. (argued), of Ball, Hunt, Brown & Baerwitz, Long Beach, Cal., Burr, Pease & Kurtz, Anchorage, Alaska, for appellee Union Oil Co.

Ely, Guess, Rudd & Havelock, Anchorage, Alaska, for appellee Kaiser.

Hughes, Thorsness, Lowe, Grantz & Clark, Anchorage, Alaska, for Northern Alaska State Atty. Gen.

G. Kent Edwards, Atty. Gen., Robert L. Hartig, James D. Rhodes, Asst. Attys. Gen., Anchorage, Alaska, Ball, Hunt, Hart & Brown, Long Beach, Cal., for appellee.

Before CHAMBERS, HAMLEY and KILKENNY, Circuit Judges.

KILKENNY, Circuit Judge:

This is a consolidated appeal from summary judgments quieting title in the City of Anchorage and its lessees to certain tidelands and submerged lands within and immediately adjacent to the Alaska Railroad Terminal Reserve. Judgments were entered for appellees on the theory that title to the lands in question passed from the United States to Alaska upon the latter's admission to the Union. Alaska became a state on January 3, 1959.

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