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MAGELSSEN v. MOUAT

No. 12965.

538 P.2d 1015 (1975)

William C. MAGELSSEN and Chariotte T. Magelssen, Plaintiffs and Respondents, v. William G. MOUAT, Trestee, and Western Banks of Billings, Montana, Billings, Montana, a corporation, Defendants and Appellants. WESTERN BANK OF BILLINGS, Third-Party Plaintiff, v. Harrison FAGG, Third-Party Defendant.

Supreme Court of Montana.

Decided July 31, 1975.

Attorney(s) appearing for the Case

Davidson, Veeder, Roberts & Baugh, Billings, John R. Davidson, argued, Billings; William G. Mouat appeared, Billings, for defendants and appellants.

Moses, Kampfe, Tolliver & Wright, Billings, D. Frank Kampfe, argued, Billings, Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, for plaintiffs and respondents.

JOHN C. HARRISON, Justice.

This is an appeal from a judgment of the district court, Yellowstone County, ordering defendants William G. Mouat, Trustee, and Western Banks of Billings, to deliver to plaintiffs a deed conveying them any right, title and interest of the banks in certain real property.

William C. Magelssen and Charlotte T. Magelssen brought this action to recover the sum of $55,000 paid to defendant banks by the fidelity insurer of the banks' employees...

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