Paul G. SHULTZ, Plaintiff-Appellant, v. DEPARTMENT OF ARMY, United States of America, Defendant-Appellee
This text of 96 F.3d 1222 (Paul G. SHULTZ, Plaintiff-Appellant, v. DEPARTMENT OF ARMY, United States of America, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
Per Curiam Opinion; Dissent by Judge ALARCON.
ORDER
The opinion dated November 30, 1993 is withdrawn.
OPINION
The government’s petition for rehearing is granted, the opinion of November 30,1993 at 10 F.3d 649 is withdrawn, and the following opinion is substituted in its place.
Paul G. Shultz appeals the district court’s judgment in favor of the government in his quiet title action under 28 U.S.C. § 2409a. Shultz argued that he has a right-of-way across Fort Wainwright to get back and forth between Fairbanks and his property under either R.S. 2477, 43 U.S.C. § 932, or Alaska common law, or both. Because we ultimately agree with the district court that Shultz has not sustained his burden to factually establish a continuous R.S. 2477 route or a right-of-way under Alaska common law, we affirm the district court. We do not reach Shultz’s argument that the district court erred by holding that his action was time-barred by 28 U.S.C. § 2409a(g).
AFFIRMED.
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Cite This Page — Counsel Stack
96 F.3d 1222, 96 Daily Journal DAR 11561, 96 Cal. Daily Op. Serv. 7050, 1996 U.S. App. LEXIS 24725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-g-shultz-plaintiff-appellant-v-department-of-army-united-states-ca9-1996.