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HAYES v. A.J. ASSOCIATES, INC.

No. S-4837.

846 P.2d 131 (1993)

Howard C. HAYES and Michael R. Hayes, Appellants, v. A.J. ASSOCIATES, INC., Alaska Marine Lines, Inc., Gordon S. Harang, and Eileen K. Harang, Appellees.

Supreme Court of Alaska.

February 12, 1993.

Attorney(s) appearing for the Case

Henry J. Camarot, Anchorage, for appellants.

James N. Reeves, Gregg B. Brelsford, Bogle & Gates, Anchorage, for appellees.

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

OPINION

MOORE, Justice.

A lessee of mining rights on filled tidelands staked a claim to the mineral estate when he learned of a reservation of the mineral rights to the state in the patent. The lessor/surface owner sought ejectment. The lessee, alleging fraud, counterclaimed to recover the royalties paid under the lease. The superior court granted summary judgment for the lessor on the ground that the state did not reserve the minerals in the fill material...

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