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DS OF TIMES IN OPINIONS AND IN THE LITERATURE
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EXTRACTED KEY WORDS
ALASKA DECKER DAMAGES STRICT LIABILITY LEGISLATURE ENDNOTE TEXACO AMENDMENT SUBSECTION COURT STATUTE ROBERT REPEALS LANGUAGE JUDGE GOVERNMENT MOTION RESPONSE PARTY PARTIES CONTENDS INTEND STATE ENTITY RECOVER DAMAGES RELIEF POWERS MUNICIPALITY PURPOSE COLLATERAL ESTOPPEL |
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA IN THE SUPERIOR COURT FOR THE STATE OF ALASKA FOURTH JUDICIAL DISTRICT UNIVERSITY OF ALASKA, Plaintiff, v. TEXACO, INC., WILLNER'S FUEL DISTRIBUTORS, INC., ROBERT DECKER and TIM DECKER, Defendants. ______________________________ Case No. 4FA-93-2468 Civil MEMORANDUM DECISION INTRODUCTION Before the Court is defendant Robert Decker's [Decker] motion to dismiss plaintiff's strict edure 12(b). He claims that no private right of action exists under AS 46.03.822. He therefore prohibited from bringing a strict liability claim under the statute. The University opposes the to abolish a private right of action under the statute and that, even if it did, the University as amages under the statute. FACTUAL AND PROCEDURAL HISTORY The University commenced this action in October 1993 seeking damages and injunctive relief [Texaco], Willner's Fuel Distributors, Inc. [Willner's], Robert Decker, and James Decker [Tim intersection of Geist Road and Fairbanks Street upon which a gas/ service station [see endnote 1]SNIPPETS: |
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