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STENERSON v. CITY OF KALISPELL

No. 82-126.

649 P.2d 1344 (1982)

Charles STENERSON and F.W. Schmidt, joint venturers the name of Stenerson & Schmidt, Co-Partners, Plaintiffs and Respondents, v. The CITY OF KALISPELL, Defendant and Respondent, Glacier National Bank, Claimant and Respondent, Colonial Terrace Associates, Claimant and Appellant.

Supreme Court of Montana.

Decided September 2, 1982.

Attorney(s) appearing for the Case

James A. Cumming, Columbia Falls, for plaintiffs and respondents.

Merritt N. Warden, Kalispell, for defendant and respondent.

Chris G. McEwan, Columbia Falls, for claimant and respondent.

Worden, Thane & Haines, Ronald A. Bender, Missoula, for claimant and appellant.

HARRISON, Justice.

This appeal involves two competing creditors to F.W. Schmidt's portion of a judgment obtained from the City of Kalispell. The District Court of the Eleventh Judicial District in Flathead County ordered the allocation of the judgment be paid first to Glacier National Bank to satisfy its claim and the balance paid to Colonial Terrace Associates. Appellant, Colonial Terrace Associates, appeals the determination of priority.

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