Seltenreich

This is an appeal from an order of the District Court of Alaska, 103 F.Supp. 319 , denying appellants’ motion for an interlocutory injunction enjoining the Town of Fairbanks from closing Weeks Field, an airport owned and formerly operated by the Town. The motion is subsidiary to a plenary suit seeking permanent injunctive relief.

Appellants are severally engaged in aircraft service, or in the operation of a training school for pilots, and prior to its closing- were- using the field in these enterprises. They, or' some of them, appear to own adjacent property, and one of them claims to be the owner of a right of way over lots giving access to the field.

It appears from the showings for and against the motion that beginning with the year 1922 the Town acquired by purchase or otherwise various tracts of the land which serve to .make up Weeks Field. Several parcels were acquired by deed from the Territory or from private owners, which deeds apparently contained no restrictions. The bulk of the area was transferred to the Town by the United States, or rather by the Townsite Trustee, its agent. These latter transfers directed that the tracts be held by the Town in trust “for park and…