McCAN v. FIRST NATIONAL BANK OF PORTLAND

No. 14654.

229 F.2d 859 (1956)

Mildred E. McCAN, Appellant, v. The FIRST NATIONAL BANK OF PORTLAND, a national banking association, Appellee.

United States Court of Appeals Ninth Circuit.

February 3, 1956.


Attorney(s) appearing for the Case

George W. Friede, Francis E. Harrington, Portland, Or., for appellant.

Pendergrass, Spackman & Bullivant, R. R. Bullivant, V. V. Pendergrass, Jack L. Hoffman, Portland, Or., for appellee.

Before POPE and LEMMON, Circuit Judges, and MATHES, District Judge.


PER CURIAM.

Appellant, the widow and beneficiary under the will of C. P. McCan, deceased, sued appellee bank, as executor of the will, for damages claimed to have been sustained as a proximate result of negligent administration of the decedent's estate. Federal jurisdiction was invoked upon the ground of diversity of citizenship.

The question whether the executor violated any legal duty to appellant is a matter which, under Oregon law, is committed to the...

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