PATRICK v. LYNDEN TRANSPORT, INC.

No. S-2294.

765 P.2d 1375 (1988)

Robert PATRICK, for himself and for all other individuals similarly situated, Petitioner, v. LYNDEN TRANSPORT, INC., a Washington corporation, and Jim Jansen, Respondents.

Supreme Court of Alaska.

December 23, 1988.


Attorney(s) appearing for the Case

William B. Schendel, Schendel & Callahan, Fairbanks, for petitioner.

Douglas S. Parker and S. Jay Seymour, Bogle & Gates, Anchorage, for respondents.

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


OPINION

COMPTON, Justice.

In this case, we consider whether an out-of-state plaintiff may be statutorily required to post a bond for anticipated costs and attorney fees as a condition of maintaining suit in an Alaska court. The statutory requirement is challenged on a variety of constitutional grounds.1

We hold that the statute violates equal protection of law under the Alaska Constitution because it unreasonably restricts...

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