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GRAEBER v. HICKEL INV. CO.

No. S-3500.

803 P.2d 871 (1990)

Daniel J. GRAEBER, Appellant, v. HICKEL INVESTMENT COMPANY, An Alaskan Corporation, and North Country Process, Inc., An Alaskan Corporation, Appellee.

Supreme Court of Alaska.

December 21, 1990.

Attorney(s) appearing for the Case

Charles E. Tulin, Anchorage, for appellant.

Donald D. Hopwood and Mary Ellen Flaherty, Kay, Saville, Coffey, Hopwood & Schmid, Anchorage, for appellee.

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

OPINION

MOORE, Justice.

This case presents the single, legal question whether under the Ship Mortgage Act an attaching creditor prevails over a purchaser who did not record his interest.1 Although other courts are divided, the language of the statute is clear, and the arguments for reaching a contrary result are not compelling. We therefore conclude that an attaching creditor does prevail over a prior unrecorded purchaser and...

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