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LEISNOI, INC. v. STRATMAN

No. 97-35775.

154 F.3d 1062 (1998)

LEISNOI, INC., Plaintiff-Appellant, v. Omar STRATMAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1998.

Attorney(s) appearing for the Case

Robert L. Breckberg (argued), Edgar Paul Boyko & Associates, Anchorage, Alaska, for the plaintiff-appellant.

Michael J. Schneider (argued), Law Offices of Michael J. Schneider, Anchorage, Alaska, for the defendant-appellee.

Robert H. Hume, Jr., Copeland, Landye, Bennett and Wolf, Anchorage, Alaska, for Ouzinkie Native Corporation, Natives of Kodiak, Inc., and Yak-Tat Kwaan, Inc., amici curiae.

Philip Blumstein, Birch, Horton, Bittner and Cherot, Anchorage, Alaska, for Chugach Alaska Corporation, amicus curiae.

Before: FARRIS, O'SCANNLAIN, and MICHAEL DALY HAWKINS, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must determine whether a "Village Corporation" may prevent a "Regional Corporation" from authorizing sand-and-gravel mining near Kodiak under the Alaska Native Claims Settlement Act.

I

In 1971, Congress enacted the Alaska Native Claims Settlement Act ("ANCSA"), see Act of December 18, 1971, Pub.L. No. 92-203, 85 Stat. 688 (codified at 43 U.S.C. § 1601-1629a), a "legislative compromise" designed to resolve...

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