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PETERSON v. MONTANA BANK OF BOZEMAN, N.A.

No. 83-523.

687 P.2d 673 (1984)

Hilda M. PETERSON, Plaintiff and Appellant, v. MONTANA BANK OF BOZEMAN, N.A., as personal representative of the Estate of George J. Stublar, deceased, and Warren A. McMillan, Defendants and Respondents.

Supreme Court of Montana.

Decided August 16, 1984.

Rehearings Denied September 20, 1984.

Rehearings Denied September 27, 1984.

Attorney(s) appearing for the Case

Bolinger & Conover, Richard C. Conover and Hal Bolinger argued, Bozeman, for plaintiff and appellant.

Nash & Nash, Donald A. Nash argued, Bozeman, for Stublar.

Nash & Nash, Michael Nash argued, Bozeman, for Montana Bank and Stublar.

Wellcome & Frost, Albert Frost argued, Bozeman, for McMillan.

SHEEHY, Justice.

Hilda M. Peterson brought an action under Rule 60(b), M.R.Civ.P., in the District Court, Eighteenth Judicial District, Gallatin County, for declaratory relief from a default judgment and subsequent sheriff's sale of Peterson's property. The District Court entered summary judgment against Peterson on the grounds that the default judgment was res judicata, and that Peterson's independent action was a collateral...

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