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MILLER v. FOX

No. 13445.

571 P.2d 804 (1977)

Robert W. MILLER, Plaintiff and Appellant, v. Floyd FOX, Defendant and Respondent.

Supreme Court of Montana.

Decided November 21, 1977.

Attorney(s) appearing for the Case

Robert Hurly (argued), Glasgow, for plaintiff and appellant.

William J. McCarvel (argued), Spokane, Wash., for defendant and respondent.

HATFIELD, Chief Justice.

Plaintiff Robert Miller sued defendant Floyd Fox in District Court, Valley County, for the unpaid balance on a contract for the sale of horses. Plaintiff obtained a writ of attachment against defendant's property. Defendant posted a cash bond for release of the attachment and counterclaimed on various grounds including wrongful attachment. After a nonjury trial, District Judge M. James Sorte found...

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