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KENAI PENINSULA BOROUGH v. ANDRUS

Civ. Nos. A76-94 & J76-3.

436 F.Supp. 288 (1977)

KENAI PENINSULA BOROUGH, Plaintiff, v. Cecil D. ANDRUS, Defendant. STATE OF ALASKA, Plaintiff, v. Cecil D. ANDRUS et al., Defendants.

United States District Court, D. Alaska.

August 17, 1977.

Attorney(s) appearing for the Case

Charles K. Cranston, Gallagher, Cranston & Snow, Anchorage, Alaska, for Kenai Borough.

Avrum Gross, Atty. Gen., State of Alaska by Frederick Boness, Asst. Atty. Gen., Juneau, Alaska, for plaintiff.

G. Kent Edwards, U. S. Atty., Anchorage, Alaska, for defendant.

MEMORANDUM AND ORDER

VON DER HEYDT, Chief Judge.

THIS CAUSE comes before the court on cross motions for summary judgment. The precise issue before the court is whether the distribution of revenues from mineral leases within the Kenai National Moose Range is governed by the Mineral Leasing Act, 30 U.S.C. § 191, or 16 U.S.C. § 715s.

The Kenai National Moose Range was created by the reservation of land in the public domain.

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