United States v. Moore Mill & Lumber Co.

313 F.2d 71 UNITED STATES of America, as Guardian and Trustee and ex rel. of the person and Estate of Lulu F. Nichols NOEL, Appellant, v. MOORE MILL & LUMBER CO., an Oregon corporation, Appellee. No. 17944. United States Court of Appeals Ninth Circuit. Jan. 23, 1963. Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis and Elizabeth Dudley, Washington, D.C., Sidney I. Lezak, U.S. Atty., Portland, Or., for appellant. King, Miller, Anderson, Nash & Yerke, Norman J. Wiener, and Jean P. Lowman, Portland, Or., for appellee. Before HAMLEY and MERRILL, Cicuit Judges, and TAYLOR, District Judge. PER CURIAM. 1 The sole question presented by this appeal is whether the United States has capacity to sue as trustee on behalf of Lulu Noel as an Indian ward with respect to Indian allotment lands held by the United States under trust patent. 2 The District Court for the District of Oregon held that the United States had no capacity and entered its order dismissing the action. We agree with the district court. In support of this order, an opinion was filed by The Honorable Gus J. Solomon, District Judge, which we adopt as the opinion of this court. That opinion reads as follows: 3 'This case…