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STATE v. FAIRBANKS NORTH STAR BOR. SCH. DIST.

No. 4477.

621 P.2d 1329 (1981)

STATE of Alaska, Appellant, v. FAIRBANKS NORTH STAR BOROUGH SCHOOL DISTRICT and Unigard Insurance Company, Inc., Appellees.

Supreme Court of Alaska.

January 9, 1981.

Attorney(s) appearing for the Case

Henry J. Camarot and Randolph W. Hunter, Merdes, Schaible, Staley & DeLisio, Inc., Anchorage, for appellant.

Dennis M. Bump, Hughes, Thorsness, Gantz, Powell & Brundin, Fairbanks, and Jerome Downs, Thornton, Taylor & Downs, San Francisco, Cal., for appellees.

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

OPINION

DIMOND, Senior Justice.

This case involves the question of who bears the loss resulting from the fire destruction of Chena School.

Chena School is located in Fort Wainwright, a military reservation. Pursuant to a use permit from the United States Department of Health, Education and Welfare (HEW), the Alaska State-Operated School System, an agency of the state, began operating Chena School and other Fort Wainwright schools in 1973.

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