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CAPE FOX CORP. v. UNITED STATES

Civ. No. K 76-1.

456 F.Supp. 784 (1978)

CAPE FOX CORPORATION, Plaintiff, v. UNITED STATES of America, Earl L. Butz, Secretary of Agriculture, John R. McGuire, Chief, Forest Service, John Sandor, Regional Forester, James Watson, Forest Supervisor, Thomas S. Kleppe, Secretary of Interior, Department of Interior, Curtis V. McVee, State Director, Bureau of Land Management, Robert Sorenson, Director of Lands and Mineral Operations, Bureau of Land Management, Alaska Timber Corporation, Ketchikan Pulp Company, Revilla Logging, Defendants.

United States District Court, D. Alaska.

August 4, 1978.

Attorney(s) appearing for the Case

Peter R. Ellis, Ellis, Sund & Whittaker, Ketchikan, Alaska, Cathy V. Canorro, Ellis, Sund & Whittaker, Ketchikan, Alaska, for plaintiff.

Alexander O. Bryner, U. S. Atty., Milton L. Moss., Asst. U. S. Atty., Anchorage, Alaska, Cynthia Pickering, Anchorage, Alaska, Gary B. Randall, Lands & Natural Resources Div., U. S. Dept. of Justice, Washington, D.C., for Federal defendants.

John W. Peterson, Zeigler, Cloudy, Smith, King & Brown, Ketchikan, Alaska, for defendants, Ketchikan Pulp Co., and Alaska Timber Corp.

ORDER

FITZGERALD, District Judge.

This case is here on cross motions for summary judgment.

The parties have by pre-trial order adopted the following stipulation of facts:

"1. On October 17, 1969, the United States entered into the Devil's Club No. 2 Timber Sale Contract, (hereinafter cited as "Contract"), with the contract retroactive to June 26, 1969. The contract provided for Annette Timber Corporation, later known as Alaska Timber Corporation...

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