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CITY OF SAINT PAUL, ALASKA v. EVANS

No. 02-35958.

344 F.3d 1029 (2003)

CITY OF SAINT PAUL, ALASKA, a municipal corporation, Plaintiff-Appellant, v. Donald EVANS, Secretary of The U.S. Department of Commerce; Conrad C. Lautenbacher, Jr., Administrator, National Oceanic and Atmospheric Administration; Tanadgusix Corporation, an Alaska corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2003.

Attorney(s) appearing for the Case

Stephen M. Truitt, Pepper Hamilton LLP, Washington, D.C., and Ronald L. Baird, Anchorage, Alaska, for appellant City of St. Paul.

Douglas F. Strandberg, Friday Harbor, Washington, and Terrance A. Turner, Owens & Turner, Anchorage, Alaska, for appellee Tanadgusix Corporation.

Before: Harry Pregerson, William C. Canby, Jr., and M. Margaret McKeown, Circuit Judges.

Argued and Submitted August 14, 2003 — Anchorage, Alaska.

OPINION

McKEOWN, Circuit Judge:

This case is the latest round in a long-simmering legal feud between an Alaska Native corporation and a municipality over ownership of land on St. Paul, one of the Pribilof Islands, located in the Bering Sea some 350 miles west of mainland Alaska. In 1988, following the filing of various federal and state lawsuits, the Tanadgusix Corporation ("TDX"),...

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