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STUDDERT v. SCANLON

No. CV 78-75-BU.

468 F.Supp. 381 (1979)

H. Patrick STUDDERT, Plaintiff, v. Jack M. SCANLON, Defendant.

United States District Court, D. Montana, Butte Division.

March 30, 1979.

Attorney(s) appearing for the Case

Michael J. McKeon, Anaconda, Mont., Poore, Roth, Robischon & Robinson, Butte, Mont., for plaintiff.

Donald A. Garrity, Garrity, Keegan & Brown, Helena, Mont., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

The defendant has moved to dismiss the complaint which, taken to be true, alleges that the defendant was granted a judgment for attorneys' fees which is void because of fiduciary fraud and want of due process. It seeks declaratory relief to the effect that the judgment is void.

28 U.S.C. § 2283 provides: "A court of the United States may not grant an injunction to stay proceedings in a State...

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