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WILD WEST MOTORS, INC. v. LINGLE

No. 85-171.

728 P.2d 412 (1986)

WILD WEST MOTORS, INC., Plaintiff and Respondent, v. Marcellamae LINGLE, Defendant and Appellant.

Supreme Court of Montana.

Decided November 18, 1986.

Attorney(s) appearing for the Case

Hash, Jellison, O'Brien & Bartlett, James C. Bartlett, Kalispell, for defendant and appellant.

Measure, Ogle & Ellingson, Jeffrey D. Ellingson, Kalispell, for plaintiff and respondent.

SHEEHY, Justice.

In this cause, we determine that a prejudgment writ of attachment issued by the District Court, Eleventh Judicial District, Flathead County, was in error and we therefore vacate the same. We further determine that the possession by the attorney for Wild West Motors, Inc. of $10,000 due to Marcellamae Lingle "in trust" is in violation of the Canons of Professional Ethics, and we direct the immediate transfer of those funds by the attorney to Marcellamae...

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