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CITY OF KLAWOCK v. GUSTAFSON

No. 77-3328.

585 F.2d 428 (1978)

CITY OF KLAWOCK, Appellant, v. George E. M. GUSTAFSON, Trustee for the Townsite of Klawock, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 3, 1979.

Attorney(s) appearing for the Case

Robert G. Mullendore (argued), Roberts, Shefelman, Lawrence, Gay & Moch, Seattle, Wash., for appellant.

Frances M. Green, Atty. (argued), Dept. of Justice, Washington, D.C., for appellees.

Before WRIGHT, GOODWIN and ANDERSON, Circuit Judges.

GOODWIN, Circuit Judge:

Following litigation by the City of Klawock to acquire title to certain vacant lots, the City applied for attorney fees. The district court denied the application, and the City appeals.

Klawock is an incorporated city on Prince of Wales Island in southeastern Alaska. Land for Alaska city development was reserved for territorial townsites in 1927, in accordance with the Native Townsite Act of the previous year, 43 U.S.C. § 735,...

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