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JAPAN AIR LINES CO., LTD. v. STATE

No. 5027.

628 P.2d 934 (1981)

JAPAN AIR LINES CO., LTD., and the Tokio Marine & Fire Insurance Co., Ltd., and other co-insurers under Aircraft Insurance Policy No. 75091101, Petitioners, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

June 5, 1981.

Attorney(s) appearing for the Case

James J. Delaney and Vaughn S. Armstrong, Delaney, Wiles, Moore, Hayes & Reitman, Inc., Anchorage, for petitioners.

Lloyd B. Ericsson, Martin, Bischoff, Templeton, Biggs & Ericsson, Portland, Oregon, Hal P. Gazaway, Asst. Atty. Gen., Anchorage, and Avrum M. Gross, Atty. Gen., Juneau, for respondent.

Before RABINOWITZ, C.J., CONNOR, BURKE and MATTHEWS, JJ., and DIMOND, Senior Justice.

OPINION

BURKE, Justice.

This petition for review presents the question of whether the "discretionary function" exception to Alaska's state claims act exempts the state from possible negligence liability in the state's design of an airport taxiway.

In December 1975, a Japan Air Lines (JAL) Boeing 747 slid off a taxiway at Anchorage International Airport. The accident occurred as the aircraft was taxiing in preparation for takeoff. The portion of the...

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