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CITY OF ANGOON v. HODEL

No. 87-3600.

836 F.2d 1245 (1988)

CITY OF ANGOON, et al., Plaintiff-Appellee, v. Donald P. HODEL, Secretary of the Interior, et al., Defendant, and Shee Atika, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 15, 1988.

Attorney(s) appearing for the Case

Richard Anthony Baenen, Pierre J. LaForce, and Luisa L. Lancetti, Wilkinson, Barker, Knauer & Quinn, Washington, D.C., for defendant-appellant.

Durwood J. Zaelke, Sierra Club Legal Defense Fund, Inc., Washington, D.C.; Lewis F. Gordon, Baily & Mason, Anchorage, Alaska, and Jeffrey A. Glick, Furth, Fahrner, Bluemle & Mason, San Francisco, Cal., for plaintiff-appellee.

Before WRIGHT, ANDERSON and SCHROEDER, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We must decide two questions of Alaska law: did the district court err in concluding that Alaska would not recognize an abuse of process cause of action for filing a notice of lis pendens; and did the court err in concluding that Alaska would not recognize a cause of action of "prima facie tort?" The court did not err. We affirm.

BACKGROUND

In 1981, the Secretary of the Interior conveyed to Shee Atika land...

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