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D.H. BLATTNER & SONS v. N.M. ROTHSCHILD

Nos. S-9729, S-9749.

55 P.3d 37 (2002)

D.H. BLATTNER & SONS, INC., Appellant and Cross-Appellee, v. N.M. ROTHSCHILD & SONS, LTD., Appellee and Cross-Appellant.

Supreme Court of Alaska.

Rehearing Denied November 5, 2002.

Attorney(s) appearing for the Case

R. Eldridge Hicks, Hicks, Boyd, Chandler & Falconer, LLP, Anchorage, for Appellant and Cross-Appellee.

Spencer C. Sneed and Jahna M. Lindemuth, Dorsey & Whitney, LLP, Anchorage, for Appellee and Cross-Appellant.

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

OPINION

FABE, Chief Justice.

I. INTRODUCTION

At issue in this appeal are a series of claims by two creditors regarding their entitlement to the liquidated assets of a defunct gold and silver mine in western Alaska. After the mining operation failed, both D.H. Blattner & Sons, Inc. and N.M. Rothschild & Sons, Ltd. brought separate lien enforcement and foreclosure actions in the superior court. In cross-motions for summary judgment...

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