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ANDERSON v. BAKER

No. 80-420.

641 P.2d 1035 (1982)

Patsy Jean ANDERSON, as Personal Representative of the Estate of Marie Sanders, Deceased, Plaintiff, Cross-Appellant and Respondent, v. Leo B. BAKER, Defendant, Cross-Appellant and Respondent.

Supreme Court of Montana.

Decided February 11, 1982.

Rehearing Denied March 24, 1982.

Attorney(s) appearing for the Case

Holmstrom, Dunaway & West, Vicki Dunaway, argued, Billings, for plaintiff, cross-appellant and respondent.

Hauf & Forsythe, John Hauf, argued, Billings, for defendant, cross-appellant and respondent.

HASWELL, Chief Justice.

This is an appeal and cross-appeal from a summary judgment in a claim and delivery action. The District Court of Yellowstone County awarded each party one-half of the monies in a savings account and two certificates of deposit in a savings and loan association. We reverse.

The uncontradicted facts disclose that Marie Sanders, who lived on a farm near Ballantine, Montana, opened a savings account and two certificates of deposit in 1972...

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