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MILLER v. WALTER

No. 12702.

527 P.2d 240 (1974)

EVAN M. MILLER, Plaintiff and Appellant, v. Pete WALTER and Bank of Columbia Falls, a banking corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided October 21, 1974.

Attorney(s) appearing for the Case

Graybill, Graybill, Ostrem & Warner, Leo Graybill, Jr. (argued), Great Falls, for plaintiff and appellant.

White, Vadala, Springer & Astle, David L. Astle (argued), Patrick M. Springer (appeared), Kalispell, for defendants and respondents.

CASTLES, Justice.

This is an appeal from a judgment of the district court of the eleventh judicial district, in the County of Flathead, rendered for the defendant Bank of Columbia Falls as against the plaintiff Evan M. Miller. A default judgment rendered for plaintiff, Evan M. Miller, against the defendant, Pete Walter, has not been appealed.

In July 1972, Al Sihrer owned a 1965 Mack logging truck which was mortgaged to the defendant Bank of Columbia Falls...

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