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DILLREE v. DEVOE

No. 86-170.

724 P.2d 171 (1986)

Larry Lee DILLREE and Barbara Ann Dillree, Plaintiffs and Appellants, v. Clayton E. DEVOE, Defendant and Respondent.

Supreme Court of Montana.

Decided August 21, 1986.

Attorney(s) appearing for the Case

Byron W. Boggs, Missoula, for plaintiffs and appellants.

David Rodli, Missoula, for defendant and respondent.

WEBER, Justice.

The Dillrees appeal the decision of the District Court for Missoula County declaring certain transactions between the parties to be sales rather than loans and awarding Mr. Devoe property and attorney fees. We affirm.

The issues are:

1. Did the trial court err in concluding that the transactions were sales rather than secured loans, and in doing so did it fail to apply the principles of Murray v. Butte-Monitor Tunnel Mining Co.<...

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