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KENAI LUMBER CO., INC. v. LeRESCHE

Nos. 5733, 5755.

646 P.2d 215 (1982)

KENAI LUMBER COMPANY, INC., Appellant, v. Robert LeRESCHE, Commissioner of Dept. of Natural Resources of the State of Alaska; Geoffrey Haynes, Director of Division of Lands of Dept. of Natural Resources; Frederick H. Boness, Deputy Commissioner of Dept. of Natural Resources; and South-Central Timber Development, Inc., Appellees. SOUTH-CENTRAL TIMBER DEVELOPMENT, INC., Cross-Appellant and Appellee, v. KENAI LUMBER COMPANY, INC., Cross-Appellee and Appellant.

Supreme Court of Alaska.

June 11, 1982.

Attorney(s) appearing for the Case

Richard Helm and Mark L. Figura, Burr, Pease & Kurtz, Inc., Anchorage, for appellant.

Shelley J. Higgins, Asst. Atty. Gen., Anchorage and Wilson L. Condon, Atty. Gen., Juneau, for appellees.

Leroy DeVeaux and James N. Wanamaker, Wanamaker, DeVeaux & Crabtree, Anchorage, for cross-appellant, South-Central.

Before RABINOWITZ, C.J., and CONNOR, BURKE, MATTHEWS and COMPTON, JJ.

OPINION

MATTHEWS, Justice.

In this case we are asked to review the legality of a negotiated amendment to a long term timber sale contract between the State of Alaska and South-Central Timber Development, Inc. The amendment has been challenged by Kenai Lumber Company, Inc., which operates a currently underutilized sawmill in Seward, and competes with South-Central in the purchase of timber. The basis for Kenai's claim is that the changes which the amendment...

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