Standard Insurance Company, an Oregon Corporation v. Jerome W. Saklad, an Individual

Good Law
64 F.3d 667·1995 WL 478319·1995 U.S. App. LEXIS 30327
United States Court of Appeals for the Ninth CircuitAugust 11, 199594-55245California758 words

Opinion

Opinion

64 F.3d 667 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. STANDARD INSURANCE COMPANY, an Oregon corporation, Plaintiff-Appellee, v. Jerome W. SAKLAD, an individual, Defendant-Appellant. No. 94-55245. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 7, 1995. Decided Aug. 11, 1995. Before: THOMPSON, LEAVY, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Jerome W. Saklad ("Saklad") appeals from the district court's grant of Standard Insurance Company, Inc.'s ("Standard") motion for leave to deposit funds with the court pursuant to Fed.R.Civ.P. 67. 1 3 Saklad argues that Rule 67 cannot be used for deposit of the money because: 1) ERISA does not provide for any of the equitable remedies sought by Standard in its declaratory judgment action, and 2) Rule 67 cannot be used to circumvent the unavailability of a provisional remedy under Fed.R.Civ.P. 64 2 due to the Oregon state court ruling that payments covered by ERISA are exempt by state law from…

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