95 Cal. Daily Op. Serv. 7040, 95 Daily Journal D.A.R. 12,049 City of Ketchikan, a Municipal Corporation, D/B/A Ketchikan Public Utilities v. Cape Fox Corporation, an Alaska Corporation

65 F.3d 754 95 Cal. Daily Op. Serv. 7040 , 95 Daily Journal D.A.R. 12,049 CITY OF KETCHIKAN, a municipal corporation, d/b/a Ketchikan Public Utilities, Plaintiff-Appellant, v. CAPE FOX CORPORATION, an Alaska corporation, Defendant-Appellee. No. 94-35316. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 10, 1995. Decided Sept. 6, 1995. H. Clay Keene, Keene & Currall, Ketchikan, AK, for plaintiff-appellant. James D. Nelson, Lori L. Guzzo and Robert F. Lopez, Betts, Patterson & Mines, Seattle, WA, for defendant-appellee. Appeal from the United States District Court for the District of Alaska. Before: WRIGHT, POOLE, and WIGGINS, Circuit Judges. WIGGINS, Circuit Judge: OVERVIEW 1 The City of Ketchikan ("the City" or "Appellant") appeals a District Court order granting Cape Fox Corporation's ("Cape Fox") motion for summary judgment. The City sought conveyance from Cape Fox of fee title to 38 acres upon which the City's Beaver Falls hydroelectric powerhouse is located. The district court ruled that the City was not entitled to the land under the Alaska Native Claims Settlement Act ("ANCSA" or "the Act") because the land did not qualify as a "primary place…