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ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT
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EXTRACTED KEY WORDS
PLAINTIFF
ALASKA
PGRP
DEFENDANT
SUMMARY JUDGMENT
OWNERSHIP
EQUIPMENT
ESTATE
FLATBED SKID
MOTION
SATISFACTION
BEYERS
GOLD
COURT
TROY OUNCES
ELIZABETH
NPS
AFFIRMATIVE DEFENSES
DAVID BEYERS
AGREEMENT
INTERFERENCE
OBLIGATION
LIMITATIONS
SUPERIOR COURT
GRANDFATHER
COUNTERCLAIM
MATERIAL FACT
PLAINTIFF ARGUES
AFFIRMATIVE DEFENSES ALLEGING
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IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
FOURTH JUDICIAL DISTRICT
DAVID BEYERS, Plaintiff,
vs.
PAULINE McDONALD, Personal Representative of the Estate of Elizabeth N. Taylor, Deceased, Defendant.
4FA-95-784 Civil
ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT
Before the Court are cross-motions for summary judgment. For the reasons set forth below,
RANTED IN PART AND DENIED IN PART.
I. FACTS.
In 1985, Plaintiff David Beyers constructed a placer gold recovery plant (PGRP) in Homer, Alaska,
e Arley R. Taylor (Taylor). The loan was memorialized by a promissory note (the Note) executed on
rship in the PGRP and a 40-foot flatbed skid to Taylor, in return for 425 troy ounces of gold, 325
oy ounces for the purchase of the skid and other equipment. The Note provided that upon repayment
roperty would revert to Plaintiff.
Completed in the fall of 1985, the PGRP was transported to mining claims owned by Taylor and Arnold
strict located in Denali National Park. Unfortunately, after October of 1985, the Kantishna Mining
thereby preventing the Plaintiff from placing the PGRP into full operation.
Between October of 1988 and May 1989, Taylor apparently became very ill. Fearing he would not
om he later married), sent to New Mexico the necessary travel expenses so that his only daughter
SNIPPETS:
DAVID BEYERS, Plaintiff,
PAULINE McDONALD, Personal Representative of the Estate of Elizabeth N. Taylor, Deceased,
Before the Court are cross-motions for summary judgment.
For the reasons set forth below, Plaintiff's motion is hereby DENIED.
In 1985, Plaintiff David Beyers constructed a placer gold recovery plant in Homer, Alaska,
The loan was memorialized by a promissory note executed on August 9, 1985, whereby
During Sally Beyers' visit, the Plaintiff traveled to Anchorage to obtain the signature of
Subsequently, on August 21, 1989, Taylor filed in the Anchorage Superior Court a petition for
In efforts to discharge the latter obligation, several conversations, both by letter and
The Plaintiff has moved for summary judgment and an order from this Court confirming his
Alternatively, he argues that even assuming the Release and Satisfaction is somehow invalid,
She argues that rather than repay the loan, the Plaintiff chose instead to "trick" his
She has also filed a counterclaim for intentional interference with a prospective economic
Plaintiff argues that Defendant's affirmative defenses alleging fraud and misrepresentation
In granting a motion for summary judgment, this Court must determine whether any genuine
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