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LYTHGOE v. FIRST SEC. BANK OF HELENA

No. 85-602.

720 P.2d 1184 (1986)

Thomas LYTHGOE, Chuck Notbohm, Gary Lythgoe and Jeannie Lythgoe, Plaintiffs and Appellants, v. FIRST SECURITY BANK OF HELENA, Defendant and Respondent.

Supreme Court of Montana.

Decided June 19, 1986.

Attorney(s) appearing for the Case

Peterson, Schofield & Leckie, V. Joe Leckie, Billings, for plaintiffs and appellants.

Donald A. Garrity, Helena, for defendant and respondent.

MORRISON, Justice.

Plaintiffs appeal the October 30, 1985, order of the First Judicial District Court dismissing their complaint because it was not prosecuted by the real party in interest as required by Rule 17(a), M.R.Civ.P. We affirm.

In December of 1982, defendant bank loaned $47,000 to Patrick and Joan Flaherty for the purpose of purchasing a restaurant in Helena, Montana, from plaintiffs Chuck and Betty Notbohm. Flahertys agreed to pay Notbohms $28,000...

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