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CARLO v. GUSTAFSON

Civ. No. F80-17.

512 F.Supp. 833 (1981)

Donald D. CARLO and Edward Carlo, Plaintiffs, v. George E. M. GUSTAFSON, Alaska Townsite Trustee and James Watt, Secretary of the Interior, U. S. Department of the Interior, and Martha A. Barron, Defendants.

United States District Court, D. Alaska.

April 9, 1981.

Attorney(s) appearing for the Case

James Q. Mery, Alaska Legal Services Corp., Anchorage, Alaska, for plaintiffs.

Stephen Cooper, Asst. U. S. Atty., Rene Gonzalez, U. S. Atty., Fairbanks, Alaska, for defendants.

MEMORANDUM AND ORDER

VON DER HEYDT, Chief Judge.

THIS CAUSE comes before the court on federal defendants' motion to dismiss, and plaintiff's motion for partial summary judgment. Request for oral argument is denied in order to expedite the business of the court. Local Rule 5(C)(1).

I. BACKGROUND

Through the Act of 3 March 1891, 43 U.S.C. § 732 (1970), Congress opened Alaska to settlement by extending the general land laws to...

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