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OTRADOVEC v. FIRST WISCONSIN TRUST CO. OF MILWAUKEE, WIS.

No. 71-1293.

454 F.2d 1258 (1972)

Irvin OTRADOVEC, Sr., et al., Plaintiffs-Appellants, v. FIRST WISCONSIN TRUST CO. OF MILWAUKEE, WISCONSIN, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

January 14, 1972.

Attorney(s) appearing for the Case

Joseph F. Preloznik, Warren A. Kenney, David J. Ross, Madison, Wis., for plaintiffs-appellants.

Thomas B. Fifield, Clay R. Williams, Charles A. Kranz, Gibbs, Roper & Fifield, Milwaukee, Wis., for defendant-appellee.

Before CASTLE, Senior Circuit Judge, CUMMINGS, Circuit Judge, and CAMPBELL, Senior District Judge.

CUMMINGS, Circuit Judge.

This appeal is from the dismissal of a class action commenced by four Menominee Indians whose children are subject to the 1961 Menominee Indian Assistance Trust. The complaint was filed on behalf of the named and other parents and also on behalf of "minor, non compos mentis, or incompetent" beneficiaries of the Trust. The sole defendant was the Trustee. The gravamen of the complaint was that the Assistance Trust constitutes an invidious...

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