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STATE v. HILLSTRAND

No. 35.

352 P.2d 633 (1960)

STATE of Alaska; Department of Public Works, State of Alaska; Richard Downing, Commissioner of the Department of Public Works, State of Alaska; Lee Hubbard, Director of Highways, Department of Public Works, State of Alaska, Petitioners, v. Earl D. HILLSTRAND and Mary Jane Hillstrand, and M. B. Contracting Co., Respondents. STATE of Alaska; Department of Public Works of the State of Alaska; Richard Downing, Commissioner of Public Works of the State of Alaska, Petitioners, v. John C. ZAK; United States of America; The Bureau of Public Roads of the U. S. Department of Commerce of the United States of America; E. H. Swick, Regional Director of the Bureau of Public Roads of the United States Department of Commerce, Respondents.

Supreme Court of Alaska.

May 13, 1960.

Attorney(s) appearing for the Case

John L. Rader, Atty. Gen., of Alaska, Warren C. Colver, Asst. Atty. Gen., for petitioner, State of Alaska.

James J. Delaney, Anchorage, for Earl Hillstrand and Mary Jane Hillstrand.

John P. Irvine, Anchorage, for John C. Zak.

Before NESBETT, C. J., and DIMOND and AREND, JJ.

PER CURIAM.

The State of Alaska as petitioner requests interlocutory review of an order of the District Court for the Territory of Alaska, Third Division, denying petitioners' motions for summary judgment.

In an action filed in the United States District Court for the District (Territory) of Alaska at Anchorage on August 17, 1959, the respondents Hillstrand sought to enjoin the State of Alaska and its agents from relocating the Sterling Highway on their property...

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