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CITY OF KETCHIKAN, ALASKA v. LOT 5, ETC.

Civ. No. 3249-KA.

130 F.Supp. 263 (1955)

CITY OF KETCHIKAN, ALASKA, a municipal corporation, Plaintiff, v. LOT 5, AND A PORTION OF LOT 4, BLOCK 6-A, H. J. Hanson, and Union Oil Company, Defendants.

District Court, Alaska First Division, Ketchikan.

April 22, 1955.

Attorney(s) appearing for the Case

Victor P. Guns, Ketchikan, Alaska, for plaintiff.

A. H. Ziegler, Ziegler, Ziegler & Cloudy, Ketchikan, Alaska, for defendant Hanson.

R. E. Robertson, Robertson, Monagle & Eastaugh, Juneau, Alaska, for defendant Union Oil Co.

FOLTA, District Judge.

In support of the defendant Union Oil Company's motion for a new trial, it is contended that the Court erred (1) in rejecting the commissioners' report; (2) in not following local procedure or that prescribed by Rule 71A, F.R.Civ. P., 28 U.S.C.A.; (3) in not separately assessing the several interests in the land; and (4) in holding that the defendant's interest was that of an equitable mortgagee.

Difference of opinion as to the effect...

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