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FOSTER v. FIRST NATIONAL BANK OF OREGON, PORTLAND

Civ. No. 62-217.

213 F.Supp. 884 (1962)

John Carl FOSTER, Plaintiff, v. The FIRST NATIONAL BANK OF OREGON, PORTLAND, a national banking association, Defendant.

United States District Court D. Oregon.

September 28, 1962.

Attorney(s) appearing for the Case

Clifford B. Alterman, of Kell & Alterman, Portland, Or., and Forrest E. Cooper, Lakeview, Or., for plaintiff.

Charles E. Wright, of Pendergrass, Spackman, Bullivant & Wright, Portland, Or., for defendant.

SOLOMON, Chief Judge.

This case is before the Court on plaintiff's motion for summary judgment. Plaintiff, a Klamath Indian, filed this action to compel defendant, The First National Bank of Oregon, to pay him approximately $40,000 which the Bank holds in trust for plaintiff under a trust agreement made by the Secretary of the Interior (Secretary) pursuant to § 564n of the Klamath Termination Act (Act), 68 Stat. 718 (1954), as amended, 25 U.S. C.A. §§...

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