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DOUBLE X RANCH, INC. v. SAVAGE BROTHERS

No. 12927.

536 P.2d 1176 (1975)

DOUBLE X RANCH, INC., a Delaware Corporation, and Stuart M. Kaplan as Trustee in Bankruptcy for Great Western Ranches, Inc., Plaintiffs and Respondents, v. SAVAGE BROTHERS et al., Defendants and Appellants.

Supreme Court of Montana.

Decided June 18, 1975.

Attorney(s) appearing for the Case

Arthur P. Acher (argued), Helena, for defendants and appellants.

Hauf & Forsythe, John A. Forsythe (appearing), Billings, Richard A. Kramer (argued), San Francisco, Cal., for plaintiffs and respondents.

HASWELL, Justice.

Plaintiffs filed an action in the district court, Yellowstone County, to collect on four promissory notes executed by defendants pursuant to a corporate reorganization plan, under Chapter X of the federal Bankruptcy Act. Defendants admitted executing the notes but alleged failure of consideration, fraud, and duress as defenses and counterclaimed for damages based on alleged negligence and wrongful acts of the trustee in bankruptcy. The district court...

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