DISTRICT NO. 1, ETC. v. STATE OF ALASKA

No. 81-3082.

682 F.2d 797 (1982)

DISTRICT NO. 1, PACIFIC COAST DISTRICT, M.E.B.A., Plaintiffs-Appellees, v. STATE OF ALASKA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 27, 1982.


Attorney(s) appearing for the Case

Jack McGee, Asst. Atty. Gen., Juneau, Alaska, for defendant-appellant.

J. Markham Marshall, Seattle, Wash., for Dist. L. P. C. D.

A. Richard Dykstra, Seattle, Wash., for Grammer et al.

Before GOODWIN, KENNEDY and SKOPIL, Circuit Judges.


SKOPIL, Circuit Judge:

The State of Alaska appeals from the district court's summary judgment holding Alaska's "Change Port" statute unconstitutional under the commerce clause and the privileges and immunities clause of the United States Constitution. We vacate the summary judgment and remand with instructions to transfer the action to the District of Alaska.

FACTS

The Alaska Marine Highway System, which is owned and operated by the State of Alaska...

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