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GEN. CONST. CO. v. TYONEK TIMBER, INC.

No. 5175.

629 P.2d 981 (1981)

GENERAL CONSTRUCTION COMPANY, Appellant, v. TYONEK TIMBER, INC., Appellee.

Supreme Court of Alaska.

June 19, 1981.

Attorney(s) appearing for the Case

Dennis L. McCarty, Ellis Law Offices, Ketchikan, and Arthur B. McGarry, Oles, Morrison, Rinker, Stanislaw & Ashbaugh, Seattle, for appellant.

Phyllis C. Johnson, John M. Conway, Atkinson, Conway, Bell & Gagnon, Anchorage, for appellee.

Before RABINOWITZ, C.J., and CONNOR, BURKE and MATTHEWS, JJ., and STEWART, Superior Court Judge.

OPINION

MATTHEWS, Justice.

On May 20, 1974, Kodiak Lumber Mills, Inc. (KLM) contracted with General Construction Co. for the construction of a deep water dock at Tyonek to be used for loading ships with wood products obtained from the surrounding area. The work on the dock began a few months thereafter. At the same time Tyonek Timber, Inc. was in the process of building a chip mill for KLM near the dock area.

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