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MONTANA BANK OF ROUNDUP v. BENSON

No. 85-261.

717 P.2d 6 (1986)

MONTANA BANK OF ROUNDUP, N.A., Plaintiff and Respondent, v. John A. BENSON & Pam Benson, husband and wife, William L. Benson and Karen O. BENSON, n/k/a Karen Hough, Defendants and Appellants.

Supreme Court of Montana.

Decided March 20, 1986.

Rehearing Denied May 6, 1986.

Attorney(s) appearing for the Case

Harris Law Firm, Linda L. Harris, Billings, for defendants and appellants.

K. Robert Foster, Bozeman, for plaintiff and respondent.

HARRISON, Justice.

This is an appeal from an order issued in the Tenth Judicial District, the Honorable Peter L. Rapkoch presiding, in and for Petroleum County, Montana, denying defendants' motion to set aside the default and judgment of default entered in favor of the plaintiffs. We reverse and remand.

The single issue presented by appellants is whether the court erred in denying the Bensons' motion to set aside default and judgment by default.

The...

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