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FIRST NAT. PARK BANK v. JOHNSON

Nos. 75-1354, 75-1413 and 75-3303.

553 F.2d 599 (1977)

FIRST NATIONAL PARK BANK, Plaintiff-Appellee, v. Snellen M. JOHNSON and Ven Savage, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 10, 1977.

Attorney(s) appearing for the Case

William D. Murray, Jr., McCaffery & Peterson, Butte, Mont., for defendants-appellants.

Lorin N. Pace, Salt Lake City, Utah, Arthur P. Acher, Rankin & Acher, Helena, Mont., submitted on briefs, for plaintiff-appellee.

Before CHOY and KENNEDY, Circuit Judges, and PREGERSON, District Judge.

KENNEDY, Circuit Judge:

First National Park Bank (the bank) brought an action against Johnson and Savage as guarantors of a loan made to Great Western Ranches, a Utah corporation (the Utah corporation). The action was brought in the District of Montana. Jurisdiction exists by reason of diversity of citizenship, and the law of Montana controls the substantive questions presented.

Between January 21, 1969 and July 23, 1969, the bank financed the purchases of...

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