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TWITE v. FIRST BANK (N.A.) WESTERN MONT.

No. 84-210.

692 P.2d 471 (1984)

Lloyd A. TWITE and MARY c. Twite, Plaintiffs and Appellants, v. FIRST BANK (N.A.) WESTERN MONTANA MISSOULA, Defendant and Respondent.

Supreme Court of Montana.

Decided December 31, 1984.

Attorney(s) appearing for the Case

Green, MacDonald, Wagner & Kirscher; Joan Newman, argued, Missoula, for plaintiffs and appellants.

Garlington, Lohn & Robinson; George Goodrich, argued, Missoula, for defendant and respondent.

HARRISON, Justice.

This is an appeal from a summary judgment granted to respondent by the District Court of the Fourth Judicial District, County of Missoula. We vacate the summary judgment and remand for trial.

Issue

Appellants set forth five issues for review in their opening brief but we will decide this case by addressing only the following question: did the District Court err in granting summary judgment when material issues of fact emerged...

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