SCHROLL v. PLUNKETT

Civ. No. 90-1109-PA.

760 F.Supp. 1378 (1990)

MAUD HILL SCHROLL, J. Christopher Schroll and Susannah Schroll, Beneficiaries of the 1917 Trust for Maud Hill Schroll, Plaintiffs, v. The Honorable J. Jerome PLUNKETT, Judge of the District Court for Ramsey County, State of Minnesota, Defendant, and The Honorable Jackson L. Frost, Judge of the Circuit Court for Linn County, State of Oregon, First Trust National Association, a Minnesota corporation, a subsidiary of First Bank System, Inc., a Minnesota banking corporation, for itself and as Trustee of the 1917 Trusts for Louis W. Hill, Jr. and for Cortlandt T. Hill, Timber Services Company, an Oregon corporation, Mason, Bruce & Girard, Inc., an Oregon corporation, Barringer & Associates, Inc., an Oregon corporation, Jack Barringer, Carl Newport, Doherty, Rumble & Butler, a professional Minnesota law corporation, Richard Wilhoit, and Jon Theobald, Louis Fors Hill and Louis W. Hill, Jr., Trustees for the 1917 Trust for Louis W. Hill, Jr., and Gaylord Glarner, Trustee for 1917 Trust for Cortlandt T. Hill, Interested Parties.

United States District Court, D. Oregon.

November 15, 1990.


Attorney(s) appearing for the Case

Barbara J. Gazeley, Leiberan & Gazeley, Portland, Or., for plaintiffs.

Richard S. Slowes, Asst. Sol. Gen., Office of Atty. Gen., State of Minn., St. Paul, Minn., for defendant The Honorable J. Jerome Plunkett.

Edward L. Clark, Jr., Michael C. McClinton, Clark, Lindauer, McClinton, Krueger & Fetherston, Salem, Or., for interested parties First Trust Nat. Ass'n, First Bank System, Inc., Timber Services Co., Barringer & Associates, Inc., Jack Barringer, Doherty, Rumble & Butler, Richard Wilhoit and Jon Theobald, Mason, Bruce & Girard, Carl Newport.

Paul M. Ferder, Ferder, Ogdahl, Brandt & Casebeer, Salem, Or., for interested party Louis Fors Hill.


OPINION

PANNER, District Judge.

Plaintiffs Maud Hill Schroll, J. Christopher Schroll and Susannah Schroll, seek declaratory and injunctive relief under 42 U.S.C. § 1983. Plaintiffs move for a temporary restraining order and preliminary injunction, claiming that an injunction issued by defendant, Judge J. Jerome Plunkett of the District Court of Ramsey County, Minnesota, deprives them of access to the courts. Because the opposing and interested parties...

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