The Crow Tribe of Indians v. Little Horn State Bank

54 F.3d 785 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The CROW TRIBE OF INDIANS, Plaintiff-Appellant, v. LITTLE HORN STATE BANK, Defendant-Appellee. No. 94-35391. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1995. * Decided May 17, 1995. Before: WRIGHT, THOMPSON and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 The Crow Tribe gave promissory notes to Little Horn State Bank that subsequently matured. The Tribe and the Bureau of Indian Affairs (BIA) agreed to establish the Crow Debt Retirement Committee (DRC) and to open the "Crow Tribal Debt Retirement checking account" at the Bank. The Bank set off the amount owing on the notes against the account. The Tribe sued the Bank, alleging that the setoff was unlawful. The court granted summary judgment for the Bank. The Tribe appeals. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 1 3 The Tribe argues that the Bank had no right to setoff because: (1) the BIA held the funds in trust; (2) the…