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IVERSON v. FIRST BANK OF BILLINGS

No. 85-158.

712 P.2d 1285 (1985)

Gene G. IVERSON, PLAINTIFF and Respondent, v. FIRST BANK OF BILLINGS (formerly the Midland National Bank of Billings, Montana), Defendant, Third Party Plaintiff and Appellant, v. MONTANA LIVESTOCK PRODUCTION CREDIT ASSOCIATION OF HELENA, Montana, Third Party Defendant, Counter-Claimant and Respondent.

Supreme Court of Montana.

Decided December 31, 1985.

Rehearing Denied February 13, 1986.

Attorney(s) appearing for the Case

Moulton, Bellingham, Longo & Mather, Gerald B. Murphy argued, Billings, for defendant, third party plaintiff and appellant.

Alexander & Baucus, John D. Alexander argued for Iverson, Great Falls, Luxan & Murfitt, Walter S. Murfitt argued for Montana Livestock, Helena, for plaintiff and respondent.

HARRISON, Justice.

In the action below, plaintiff Gene Iverson (hereinafter Iverson) filed a complaint against two defendants, Howard Nuernberger (hereinafter Nuernberger) and First Bank Billings (hereinafter First Bank). In count I of his complaint, Iverson alleged that Nuernberger was liable to him for the face amount of a dishonored check issued by Nuernberger to Iverson. In count II of his complaint, Iverson alleged that First Bank was also liable to him for the...

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