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COMTEC, INC. v. MUNICIPALITY OF ANCHORAGE

No. S-685.

710 P.2d 1004 (1985)

COMTEC, INC., Appellant, v. MUNICIPALITY OF ANCHORAGE d/b/a Anchorage Telephone Utility, Appellee.

Supreme Court of Alaska.

December 13, 1985.

Attorney(s) appearing for the Case

B. Richard Edwards and Robert G. Casey, Law Offices of B. Richard Edwards, Anchorage, for appellants.

Gary C. Tucker, Asst. Mun. Atty., and Jerry Wertzbaugher, Mun. Atty., Anchorage, Michael L. Glaser and Ronald J. Jarvis, Gardner, Carton & Douglas, Washington, D.C., for appellee.

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

OPINION

MATTHEWS, Justice.

INTRODUCTION

In November, 1983, Comtec, Inc., filed a complaint against the Anchorage Telephone Utility alleging that its lease, rental, and sale of customer telephone equipment was an unlawful use of public funds in violation of article IX, § 6 of the Alaska Constitution. Following cross motions for summary judgment, Judge Johnstone granted summary judgment in favor of Anchorage Telephone. For the purposes of summary...

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