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JACKSON v. UNITED STATES NATIONAL BANK, PORTLAND, ORE.

Civ. No. 8752.

153 F.Supp. 104 (1957)

Peter Crockett JACKSON, a minor by John E. Walker, his Guardian ad litem, Plaintiff, v. The UNITED STATES NATIONAL BANK, PORTLAND, OREGON, a national banking association, David Lloyd Davies, The United States National Bank, Portland, Oregon, a national banking association, and David Lloyd Davies, as Executors under the purported will and testament of Maria C. Jackson, deceased, The United States National Bank, Portland, Oregon, a national banking association, and David Lloyd Davies and William W. Knight, as purported Trustees appointed by said purported last will and testament, Defendants.

United States District Court D. Oregon.

July 1, 1957.

Attorney(s) appearing for the Case

Livingston & Borregard, Lawrence Livingston, Ricardo J. Hecht, San Francisco, Cal., Jack, Goodwin & Santos, Glenn R. Jack, Oregon City, Or., for plaintiff.

Maguire, Shields, Morrison & Bailey, Roy F. Shields, Randall B. Kester, Portland, Or., for defendants.

MATHES*, District Judge.

This cause is now before the court upon defendants' motion to dismiss "on the ground that the court lacks jurisdiction over the subject matter because the action is essentially a proceeding to contest a will and therefore one within the exclusive jurisdiction of the state probate courts."

Original federal jurisdiction has been invoked solely upon the ground of claimed diversity of citizenship between the...

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