Foster v. First National Bank of Oregon

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. §§ 564-564x. Plaintiff also seeks a judgment under 28 U.S.C. §§ 2201-2202 (1958) declaring § 564n of the Klamath Termination Act unconstitutional.

Th…