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CLOUD v. UNITED STATES NAT. BANK OF OREGON

570 P.2d 350 (1977)

280 Or. 83

George CLOUD, Personal Representative of the Estate of Mary Cloud, Deceased, Appellant, v. UNITED STATES NATIONAL BANK OF OREGON, Respondent, Delores Cloud Spino, Willard Cloud, Sylvia Cloud Martinez, Sylola Cloud Leslie, Elaine Cloud by and through Her Guardian Ad Litem, Theresa Henry, Sharon Ann Cloud McConville, and Mike Larson Cloud, Defendants-Appellants, Esther Wilkinson, Defendant.

Supreme Court of Oregon, Department 1.

Decided October 12, 1977.

Attorney(s) appearing for the Case

Gile R. Downes of Jensen, DeFrancq, Holmes & Schulte, Portland, argued the cause for appellant. With him on the briefs were Lewis & Foster, The Dalles. Also on the briefs were Heisler & Van Valkenburgh, The Dalles, for defendants-appellants Delores Cloud Spino, Willard Cloud, Sylvia Cloud Martinez, Sylola Cloud Leslie, Elaine Cloud by and through her guardian ad litem, Theresa Henry, Sharon Ann Cloud McConville and Mike Larson Cloud.

Karen Creason of Davies, Biggs, Strayer, Stoel & Boley, Portland, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and HOLMAN, HOWELL and TOMPKINS, JJ.

HOWELL, Justice.

This is a suit in equity by the beneficiaries of a trust against the trustee, the United States National Bank of Oregon. All the individual parties are American Indians. The plaintiff, George Cloud,1 alleged that the trustee breached its fiduciary duty to the beneficiaries by disbursing certain funds in violation of its trust duties and asked for an accounting, for reimbursement of the funds paid out, and for removal of...

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