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3-D LUMBER COMPANY v. BELGRADE STATE BANK

No. 12002.

487 P.2d 1136 (1971)

3-D LUMBER COMPANY, Plaintiff and Respondent, v. BELGRADE STATE BANK, a Banking Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided July 20, 1971.

Rehearing Denied August 31, 1971.

Attorney(s) appearing for the Case

Towe, Neely & Ball, Billings, Thomas Towe, argued, Billings, for defendant-appellant.

Corette, Smith & Dean, Butte, Kendrick Smith, argued, Butte, for plaintiff-respondent.

DALY, Justice.

3-D Lumber Company brought this action against the Belgrade State Bank in the district court of Gallatin County to recover damages for malicious prosecution. Belgrade State Bank appeared by motion to dismiss and seeking, in the alternative, a motion for summary judgment. In response, 3-D Lumber Company filed a motion for summary judgment. Briefs were submitted by both parties and the matter was argued orally to the district court on October 13, 1970...

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