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FIRST NAT. BANK OF CIRCLE v. GARNER

No. 13441.

567 P.2d 40 (1977)

FIRST NATIONAL BANK OF CIRCLE, Circle, Montana, Plaintiff and Appellant, v. Graham Charles GARNER and Sydney Morris et al., Defendants. Graham Charles GARNER and Sydney Morris et al., Cross Plaintiffs, v. Federico CRUZ et al., Cross Defendants. Federico CRUZ, Cross-Plaintiff, v. Bernard GADD, Cross-Defendant.

Supreme Court of Montana.

Decided July 26, 1977.

Attorney(s) appearing for the Case

Towe, Ball & Enright, Thomas E. Towe, argued, Billings, for appellants.

George C. Dalthorp, argued, Billings, Crowley, Kilbourne, Hanson, Gallagher & Toole, Billings, Gene Huntley, Baker, J.B. Casas, Jr., Los Angeles, Cal., for respondents.

DALY, Justice.

Plaintiff, First National Bank of Circle, Circle, Montana, filed this action on May 22, 1972, in the district court, McCone County, for a declaratory judgment to determine its legal obligations regarding certain bank deposits and cashier's checks. On May 6, 1975, plaintiff's motion for summary judgment was granted, plaintiff then filed a motion for award of attorney fees. This motion was denied on May 5, 1976 and from that denial plaintiff appeals....

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