MIDSTATE BANK v. MURRAY

No. CV-83-134-GF.

592 F.Supp. 798 (1984)

MIDSTATE BANK v. Daniel J. MURRAY, Linda M. Murray, William G. Scott and Laurie R. Scott, Defendants and Third-Party Plaintiffs, v. UNITED STATES SMALL BUSINESS ADMINISTRATION, an Agency of the United States Government, Third Party Defendant.

United States District Court, D. Montana, Great Falls Division.

June 29, 1984.


Attorney(s) appearing for the Case

K. Robert Foster, Lewistown, Mont., for plaintiff.

Kenneth D. Tolliver, Wright, Tolliver & Guthals, Billings, Mont., for defendants and third party plaintiffs.

Byron Dunbar, U.S. Atty., Dist. of Mont., Great Falls, Mont., George Darragh, Jr., Asst. U.S. Atty., Butte, Mont., for U.S. Government.


MEMORANDUM AND ORDER

HATFIELD, District Judge.

Presently before the court is the plaintiff's motion to remand the present action to the District Court of the Tenth Judicial District of Montana.

In 1979, the defendants (hereinafter collectively referred to as "Murrays") executed a promissory note in favor of the plaintiff for the sum of $120,000.00. The note was secured by a mortgage covering certain real estate and all equipment, fixtures, etc.,...

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