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IN RE NORTHWEST ERECTION, INC.

Bankruptcy No. 281-00178, Adv. No. 281/0068.

56 B.R. 612 (1986)

In re NORTHWEST ERECTION, INC. a Montana corporation, Debtor. NORTHWEST ERECTION, INC., Plaintiff, v. FIRST BANK (N.A.) — WESTERN MONTANA MISSOULA, a National Banking Association, and American Land Title Company, Defendants.

United States Bankruptcy Court, D. Montana.

January 10, 1986.

Attorney(s) appearing for the Case

Edward A. Murphy, Datsopolous, MacDonald & Lind, Missoula, Mt. and R. Mort McDowell, Salt Lake City, Utah, for debtor.

George Goodrich, Missoula, Mt. for First Bank.

ORDER

JOHN L. PETERSON, Bankruptcy Judge.

The Defendants filed a motion for summary judgment contending there is no genuine issue of material fact in this action and they are entitled to judgment as a matter of law. The Plaintiff resists the motion. Hearing was held on January 8, 1986, after notice to all parties in interest.

The Plaintiff Debtor commenced this action to set aside as a preference, a Deed of Trust given to the Defendant Bank to secure...

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