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UNITED STATES v. BUFFALO COAL MINING COMPANY

Nos. A-12052, A-12273.

170 F.Supp. 727 (1959)

UNITED STATES of America, Plaintiff, v. BUFFALO COAL MINING COMPANY, Inc., Buell Nesbett, W. T. Malcolm, United States Fidelity & Guaranty Company of Baltimore, Maryland, Territory of Alaska, Yukon Equipment Company, Inc., Gould and Gould, Inc., Sisters of Charity of the House of Providence in the Territory (Now State) of Washington, a corporation, Morris Steel Products Company of Birmingham, Alabama, a corporation, Defendants. PALMER INDEPENDENT SCHOOL DISTRICT, Plaintiff, v. BUFFALO COAL COMPANY, Incorporated, Defendant.

District Court, Alaska, Third Division, Anchorage.

February 4, 1959.

Attorney(s) appearing for the Case

George Boney, Asst. U. S. Atty., Anchorage, Alaska, for plaintiff United States.

John D. Shaw, Palmer, Alaska, for plaintiff Palmer Independent School Dist.

Buell A. Nesbett, Anchorage, Alaska, for defendants Buffalo Coal Mining Co., Inc., W. T. Malcolm, and Buell Nesbett.

Edward V. Davis, Anchorage, Alaska, for defendants United States Fidelity & Guaranty Co. and Gould & Gould, Inc.

David Pree, Asst. Atty. Gen., of Alaska, for Territory of Alaska.

E. L. Arnell and Donald A. Burr, Arnell & Burr, Anchorage, Alaska, for defendant Yukon Equipment Co., Inc.

McCARREY, District Judge.

Claim for relief No. A-12,052 has been consolidated with No. A-12,273, in conformance with the rules, and without objection.

The subject of this opinion is not related to claim No. A-12,273. Therefore, no reference will be made thereto.

The United States has sued the Buffalo Coal Mining Company, Inc., an Alaska corporation, hereinafter referred to as Buffalo, Buell Nesbett, W. T. Malcolm, United States Fidelity and Guaranty...

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