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KONIAG, INC. v. KONCOR FOREST RESOURCE

Nos. 93-36138, 93-36164.

39 F.3d 991 (1994)

KONIAG, INC., Plaintiff-Appellee, v. KONCOR FOREST RESOURCE; Ouzinkie Native; Natives of Kodiak VXM, Inc.; HZB, Inc., Defendants-Appellants. KONIAG, INC., Plaintiff-Appellant, v. KONCOR FOREST RESOURCE; Ouzinkie Native; Natives of Kodiak VXM, Inc.; HZB, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1994.

Attorney(s) appearing for the Case

Jacquelyn R. Luke, Middleton, Timme & Luke, Anchorage, AK, for plaintiff-appellee-cross-appellant.

David P. Wolf, David N. Goulder, Copeland, Landye, Bennett & Wolf, Portland, OR, for defendants-appellants-cross-appellees.

Before: PREGERSON, CANBY, and BOOCHEVER, Circuit Judges.

CANBY, Circuit Judge:

In Tyonek Native Corp. v. Cook Inlet Region, Inc., 853 F.2d 727 (9th Cir.1988), we held that rock, sand, and gravel are part of the subsurface estate in dually owned lands conveyed to native regional corporations under the Alaska Native Claims Settlement Act, and that village corporations that own the surface have no right to these materials for the purpose of commercial extraction and sale. We left open...

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