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CITY OF KETCHIKAN v. CAPE FOX CORP.

No. 94-35316.

65 F.3d 754 (1995)

CITY OF KETCHIKAN, a municipal corporation, d/b/a Ketchikan Public Utilities, Plaintiff-Appellant, v. CAPE FOX CORPORATION, an Alaska corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1995.

Attorney(s) appearing for the Case

H. Clay Keene, Keene & Currall, Ketchikan, AK, for plaintiff-appellant.

James D. Nelson, Lori L. Guzzo and Robert F. Lopez, Betts, Patterson & Mines, Seattle, WA, for defendant-appellee.

Before: WRIGHT, POOLE, and WIGGINS, Circuit Judges.

WIGGINS, Circuit Judge:

OVERVIEW

The City of Ketchikan ("the City" or "Appellant") appeals a District Court order granting Cape Fox Corporation's ("Cape Fox") motion for summary judgment. The City sought conveyance from Cape Fox of fee title to 38 acres upon which the City's Beaver Falls hydroelectric powerhouse is located. The district court ruled that the City was not entitled to the land under the Alaska Native Claims Settlement Act ("ANCSA" or "the Act...

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