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KINION v. DESIGN SYSTEMS, INC.

No. 80-202.

620 P.2d 852 (1980)

Richard KINION, Plaintiff and Appellant, v. DESIGN SYSTEMS, INC., A Montana Corporation, Ted T. Topolski, Bill Childers, Larry Dauenhauer, Defendants, and Security Trust and Savings Bank, Defendant and Respondent.

Supreme Court of Montana.

Decided December 24, 1980.

Attorney(s) appearing for the Case

C.L. Overfelt, argued, Great Falls, for plaintiff and appellant.

Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Ronald R. Lodders, argued, Billings, for defendant and respondent.

HASWELL, Chief Justice.

Plaintiff Richard Kinion brought a breach of contract action against defendant Design Systems, Inc., the Security Trust and Savings Bank (Security Bank), and several others in July 1978. A default judgment was entered against defendants Design Systems, Inc. (Design) and Security Bank by the Cascade County District Court on December 27, 1978. Security Bank moved to set aside the default judgment on March 10, 1980. Juge Coder entered an order...

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