State v. Alaska International Air, Inc.

OPINION

Before BOOCHEVER, C. J., and RABI-NOWITZ, CONNOR, ERWIN and BURKE, JJ. BURKE, Justice.

This action comes to us on appeal from a lower court order awarding attorney’s fees to appellee, Alaska International Air, after appellant, State of Alaska, dismissed its case pursuant to Rule 41(a)(1), Alaska Rules of Civil Procedure. It should be noted that appellee filed no brief in response to the State’s appeal.

On May 2, 1975, appellant filed a five-count civil complaint in the Superior Court for the Fourth Judicial District, requesting liquidated damages under AS 46.03.760(b) 1 for five oil…