Court of Appeals for the Ninth Circuit September 6, 1995, No. 94-35316 (City of Ketchikan v. Cape Fox Corp.)

WIGGINS, Circuit Judge:

OVERVIEW

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.