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FIRST NAT. BANK IN HAVRE v. NELSON

No. 86-460.

741 P.2d 420 (1987)

The FIRST NATIONAL BANK IN HAVRE, Plaintiff, Cross-Appellant and Respondent, v. Arnold E. NELSON, Defendant, Cross-Respondent and Appellant.

Supreme Court of Montana.

Decided August 18, 1987.

Rehearing Denied September 10, 1987.

Attorney(s) appearing for the Case

Morrison, Hauge, Ober, Young & Melcher, Stephen R. Brown, Jr., Havre, for plaintiff, cross-appellant and respondent.

Thompson & Swenson, Bruce E. Swenson, Havre, for defendant, cross-respondent and appellant.

HUNT, Justice.

This is an appeal and cross-appeal from an action on a promissory note brought before the Twelfth Judicial District Court in Hill County.

We remand for rehearing of the summary judgment proceeding.

The definitive issue on appeal is whether the District Court erred in granting partial summary judgment on the issue of liability.

The parties also raised the following issues not reached by this decision:

1. Did the District...

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