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BUTT v. BANK OF AMERICA, N.A.

No. 05-2175.

477 F.3d 1171 (2007)

Paul BUTT, Jr., Plaintiff-Appellant, v. BANK OF AMERICA, N.A., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 22, 2007.

Attorney(s) appearing for the Case

Martin E. Threet, (Joey B. Wright, with him on the brief) Martin E. Threet & Associates, Albuquerque, NM, for Plaintiff-Appellant.

Joseph W. Halpern (Bradford C. Berge and Trent A. Howell, Holland & Hart, LLP, Santa Fe, NM, with him on the briefs), Holland & Hart LLP, Denver, CO, for Defendant-Appellee.

Before HARTZ, O'BRIEN, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Plaintiff Paul Butt, Jr., contends that Defendant Bank of America, N.A., has breached its fiduciary duty to him as trustee of a trust created in 1948 to administer a New Mexico oil and gas lease. The district court dismissed Mr. Butt's complaint, finding that the Bank never assumed trusteeship and therefore had no fiduciary duty. We find that the trust did not survive the death of its original trustee, and thus agree with the district court...

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