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SHIMSKY v. VALLEY CREDIT UNION

No. 83-223.

676 P.2d 1308 (1984)

Patrick F. SHIMSKY and Eileen F. Shimsky, husband and wife, Plaintiffs and Appellants, v. VALLEY CREDIT UNION, a credit union organized under the laws of the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided February 16, 1984.

Rehearing Denied March 22, 1984.

Attorney(s) appearing for the Case

Howard F. Strause, Lawrence A. Anderson (argued), Great Falls, for plaintiffs and appellants.

Herndon, Harper & Munro; Donald R. Herndon (argued), Billings, for defendant and respondent.

HARRISON, Justice.

This case involves allegations of violations of the Truth in Lending Act and breach of contract in relation to an "open ended" financing arrangement. This appeal is taken from the District Court order dismissing appellants' complaint and granting respondent's motion for summary judgment.

On January 10, 1979, appellant Patrick F. Shimsky obtained a $5,500 loan from respondent (hereinafter Credit Union) by means of an open ended revolving...

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