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FIRST SEC. BANK OF GLENDIVE v. GARY

No. 85-357.

718 P.2d 1345 (1986)

FIRST SECURITY BANK OF GLENDIVE, a Montana Banking corp., Plaintiff and Respondent, v. Larry J. GARY and Mary Gary, husband and wife; Defendants and Appellants, R.H. Schwartz Construction Specialties, Inc., a Montana corp. of Glendive, Montana; Defendant and Respondent. FIRST SECURITY BANK OF GLENDIVE, a Montana Banking corp. of Glendive, Montana, Plaintiff and Respondent, v. GARY DATSUN, INC., a Montana corp., of Glendive, Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided May 20, 1986.

Attorney(s) appearing for the Case

Huntley & Eakin, Gene Huntley, Baker, Charles W. Hingle, Nye & Meyer, Billings, for defendants and appellants.

Lucas & Monaghan, Thomas Monaghan, Miles City, for plaintiff and respondent.

SHEEHY, Justice.

Appellants, Larry J. Gary and Mary Gary, husband and wife, and Gary Datsun, Inc. a Montana corporation appeal from the judgment of the District Court, Seventh Judicial District, County of Dawson, denying the Garys' motion to allow an amendment to their pleadings in Civil No. DV 79-174 to add Gary Datsun, Inc. as a party plaintiff and granting their motion to consolidate Civil No. DV 79-173 and DV 79-174 for purposes of trial.

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