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EDWARDS v. ALASKA PULP CORP.

No. S-6990.

920 P.2d 751 (1996)

Larry EDWARDS, Individually and on Behalf of Others Similarly Situated, Appellant, v. ALASKA PULP CORPORATION, and Alaska Pulp Company, Ltd., Appellees.

Supreme Court of Alaska.

June 28, 1996.

Attorney(s) appearing for the Case

James W. McGowan, Sitka, and Peter R. Ehrhardt, Robinson, Beiswenger & Ehrhardt, Soldotna, for Appellant.

Denton J. Pearson, Pearson & Hanson, Sitka, and Richard A. Kramer, Steefel, Levitt & Weiss, San Francisco, California, for Appellee Alaska Pulp Corporation.

James F. Clark, Robertson, Monagle & Eastaugh, Juneau, for Appellee Alaska Pulp Company, Ltd.

Before COMPTON, C.J., and MATTHEWS, EASTAUGH and FABE, JJ.

OPINION

FABE, Justice.

I. INTRODUCTION

This appeal is brought by plaintiffs who settled a class action suit for private nuisance against a Sitka pulp mill. Plaintiffs sought $1 million in attorney's fees under the common fund doctrine. The trial court declined to apply the common fund doctrine, apparently concerned that it conflicts with Alaska Civil Rule 82. Applying Rule 82, the court awarded only $500,000 to plaintiffs' counsel...

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