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HULL v. D. IRVIN TRANSPORT LTD.

No. 83-316.

690 P.2d 414 (1984)

Ardell HULL, individually and d/b/a A & H Trucking and as P & H Trucking; and Del McAlpine, Plaintiffs and Respondents, v. D. IRVIN TRANSPORT LTD., a body corporate; and spencer Group, an unincorporated association consisting of Spencer Contract Hauling Ltd., a body corporate, Trochu Trucking Services Ltd., a body corporate, and D. Irvin Transport Ltd., a body corporate, Defendants, and The Clarkson Company Limited, and Fruehauf Trailer Company of Canada Ltd., Intervenors and Appellants.

Supreme Court of Montana.

Decided October 23, 1984.

Attorney(s) appearing for the Case

Crowley, Haughey, Hanson, Toole & Dietrich, Law Firm; Sherry J. Matteucci argued, Billings, for Clarkson Co. Ltd.

Church, Harrison, Johnson & Williams, Michael B. Anderson argued, Great Falls, for Fruehauf.

Jardine, Stephenson, Blewett & Weaver, Jack Lewis argued, Great Falls, for Hull.

HARRISON, Justice.

This case is a priority dispute between Hull and McAlpine, Montana residents who obtained judgments and then attached certain semi truck trailers and tractors of defendants, and Clarkson and Fruehauf, Canadian corporations which claimed prior security interests in the vehicles. Clarkson and Fruehauf appeal from the order of the Eighth Judicial District Court, Cascade County, granting summary judgment in favor of Hull and McAlpine. The property in...

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