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UNIVERSITY OF ALASKA v. NATIONAL AIRCRAFT LEAS., LTD.

No. 2365.

536 P.2d 121 (1975)

UNIVERSITY OF ALASKA, Petitioner, v. NATIONAL AIRCRAFT LEASING, LTD., and Alaska International Air, Inc., for themselves and for insurers at Lloyds of London and certain other insurance underwriters, Respondents.

Supreme Court of Alaska, Fairbanks.

May 30, 1975.

Attorney(s) appearing for the Case

Howard P. Staley, of Merdes, Schaible, Staley & DeLisio, Inc., Fairbanks, for petitioner.

William B. Rozell, of Faulkner, Banfield, Doogan, Gross & Holmes, Juneau, for respondents.

Before RABINOWITZ, C.J., CONNOR, J., and DIMOND, Justice Pro Tem.

OPINION

DIMOND, Justice Pro Tem.

Within certain limitations, one is authorized by statute to sue the State of Alaska on a contract, quasi-contract or tort claim.1 One of these limitations is that the action must be tried by the court; under AS 09.50.290 a trial by jury is not allowed in actions against the state.2

It is this statutory condition upon the state's waiver of sovereign immunity...

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