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ADKINS v. TRANS-ALASKA PIPELINE

No. 95-35291.

101 F.3d 86 (1996)

Frank ADKINS; Robert Kean; Federico Montinez; John D. Johnson; Jerry Kahklen, et al., Claimants-Appellants, v. TRANS-ALASKA PIPELINE LIABILITY FUND, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 21, 1996.

Attorney(s) appearing for the Case

Richard A. Jameson, Richard A. Jameson & Associates, Anchorage, AK, and Craig D. Ginsburg, Levin, Fishbein, Sedran & Berman, Philadelphia, PA, for claimants-appellants.

A. Stephen Hut, Jr., Wilmer, Cutler & Pickering, Washington, DC, for defendant-appellee.

Before: KOZINSKI and LEAVY, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge:

In 1989, the EXXON VALDEZ ran aground, spilling millions of gallons of oil into Prince William Sound. On this appeal, Alaska businesses and property owners claiming damage from the oil spill challenge the denial of their claims by the Trans-Alaska Pipeline Liability Fund (the "Fund").

The Fund was established in 1973 by the Trans-Alaska Pipeline Authorization Act (the "Act"). Pub.L. No. 93-153, 87 Stat. 576 (1973) (codified...

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