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WESTERN ALASKA BLDG. v. INN-VESTMENT

Nos. S-5887, S-5968.

909 P.2d 330 (1996)

WESTERN ALASKA BUILDING & CONSTRUCTION TRADES COUNCIL, Jerry Smart, Larry Libbey, Richard Guittierez, Willie Sallison, and Linda Machia, and State of Alaska, Department of Labor, Appellants, v. INN-VESTMENT ASSOCIATES OF ALASKA and A & A Construction and Development, Inc., Appellees.

Supreme Court of Alaska.

Rehearing Denied February 15, 1996.

Attorney(s) appearing for the Case

James A. Gasper and William K. Jermain, Jermain, Dunnagan & Owens, Anchorage, for Appellants Western Alaska Building & Construction Trades Council, Jerry Smart, Larry Libbey, Richard Guittierez, Willie Sallison and Linda Machia.

Robert A. Royce, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Appellant State of Alaska, Department of Labor.

Robert K. Stewart, Jr., Davis Wright Tremaine, Anchorage, for Appellees Inn-Vestment Associates of Alaska and A & A Construction and Development, Inc.

Before: MOORE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and EASTAUGH, JJ.

OPINION

COMPTON, Justice.

I. INTRODUCTION

The Alaska Railroad Corporation (ARRC) entered into a general partnership with private investors, Inn-Vestment Associates of Alaska (IAA). The purpose of IAA was to finance, construct, and maintain the Comfort Inn (Inn) on ARRC land in the Ship Creek area of Anchorage. IAA contracted with A & A Construction and Development, Inc. (A & A) for...

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