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BAKER NATIONAL BANK v. HENDERSON

No. 11431.

445 P.2d 574 (1968)

BAKER NATIONAL BANK, Plaintiff and Appellant, v. Frances S. HENDERSON, Administratrix of the Estate of Elmer S. Henderson, Deceased, Defendant and Respondent.

Supreme Court of Montana.

Decided October 2, 1968.

Attorney(s) appearing for the Case

Thomas E. Towe (argued), Billings, for appellant.

Gene Huntley (argued), Baker, Hughes & Bennett, Michael J. Hughes (argued), Helena, for respondent.

JOHN C. HARRISON, Justice.

This case comes to us on appeal from a judgment of the district court of the Sixteenth Judicial District, in and for the County of Fallon, granting the defendant's motion for summary judgment. Factually the case developed as follows: Frances Henderson is the administratrix of the estate of her husband Elmer who died in Baker, Montana, on September 25, 1966. Baker, the county seat of Fallon County, was a town of 1,759 citizens before the...

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