MEMORANDUM AND ORDER
von der HEYDT, Chief Judge.
The Court of Appeals for the Ninth Circuit in No. 73-3032, November 19, 1974, vacated this Court's order of June 19, 1973, and remanded the case to be reconsidered in light of two intervening decisions of the Alaska Supreme Court. Specifically, the Court of Appeals directed this court to determine if Sumner Development Corporation v. Shivers,
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