DANI v. MILLER

No. 114,482.

374 P.3d 779 (2016)

2016 OK 35

Robert N. DANI, as a resident beneficiary taxpayer claimant of the State of Oklahoma Uniform Unclaimed Property Act Trust and for the benefit of all the other 938,021 (more or less) resident and non-resident beneficiary claimants of the Trust, Plaintiff/Appellant, v. (1) Ken MILLER, in his official capacity as Treasurer of the State of Oklahoma and Trustee of the State's Uniform Unclaimed Property Act Trust; and (2) State of Oklahoma; and (3) John Doe and/or Mary Doe, Attorneys for the State of Oklahoma and/or State officials, etc. for legal malpractice in their advice that the Uniform Unclaimed Property Act Trust was lawful and constitutional in its use of private trust funds for the State of Oklahoma profits, Defendants/Appellees.

Supreme Court of Oklahoma.

March 29, 2016.


Attorney(s) appearing for the Case

Jerry R. Fent , Ted Pool , Oklahoma City, Oklahoma, for Plaintiff/Appellant.

Jared B. Haines , Assistant Solicitor General, and Mithun S. Mansinghani , Deputy Solicitor General, Oklahoma City, Oklahoma, for Defendants/Appellees Ken Miller, State Treasurer of Oklahoma, and the State of Oklahoma.


¶ 1 The question presented to this Court is whether the trial court properly granted Defendants/Appellees' motion to dismiss the action for failure to state claims upon which relief may be granted, and denied Plaintiff/Appellant's motion for summary judgment. We hold in the affirmative, and affirm the trial court's order.

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