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LAKE & PENINSULA v. NORQUEST SEAFOODS

No. S-9679.

42 P.3d 521 (2002)

LAKE AND PENINSULA BOROUGH, Appellant, v. NORQUEST SEAFOODS, INC., and Lafayette Fisheries, Inc., Appellees. Lake and Peninsula Borough, Appellant, v. Louie Alakayak, Wassillie Andrews, Peter Chernishoff, Agnes Hansen, Jerry L. Hatton and Christine Monroe, Appellees.

Supreme Court of Alaska.

February 1, 2002.

Attorney(s) appearing for the Case

William B. Oberly, Law Office of William B. Oberly, Anchorage, for Appellant.

Patrick B. Gilmore, Atkinson, Conway & Gagnon, Anchorage, for Appellees Norquest Seafoods, Inc. and Lafayette Fisheries, Inc.

Phillip Paul Weidner and Wayne D. Hawn, Weidner & Associates, Inc., Anchorage, for Appellees Alakayak, Andrews, Chernishoff, Hansen, Hatton and Monroe.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

BRYNER, Justice.

I. INTRODUCTION

The Lake and Peninsula Borough appeals a superior court order reversing the borough's assessment of sales tax on funds paid by fish processors to settle an antitrust class action by commercial salmon fishers. Because the circumstances of the litigation and settlement do not support the borough's characterization of the processors' payment as a post-season adjustment of the contractual price paid for...

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