KIRK v. KIRK

Civ. No. 68-474.

295 F.Supp. 1001 (1968)

Donald F. KIRK, Plaintiff, v. Leroy Jean KIRK and the United States National Bank of Oregon, Defendant.

United States District Court D. Oregon.

December 2, 1968.


Attorney(s) appearing for the Case

Ramirez & Hoots, Klamath Falls, Or., for plaintiff.

Cleveland C. Cory, Portland, Or., for defendant United States National Bank of Oregon.

Lloyd A. Domaschofsky, Klamath Falls, Or., for defendant Leroy Jean Kirk.


OPINION

SOLOMON, Chief Judge:

Plaintiff filed an action to recover for breach of a stipulation which a State Court incorporated in an order dismissing an earlier action between these parties. Defendant United States National Bank (Bank) seeks to dismiss for want of jurisdiction.

The Bank is trustee of a management spendthrift trust created under the Klamath Indian Termination Act, 25 U.S.C. § 564 et seq., to manage the assets of enrolled members...

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