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FIRST BANK v. FOURTH JUDICIAL DIST. COURT

No. 86-431.

737 P.2d 1132 (1987)

FIRST BANK, (N.A.) WESTERN MONTANA, MISSOULA, a National Banking Assoc., and Dan Simpkins, Relators, v. DISTRICT COURT FOR THE FOURTH JUDICIAL DISTRICT of the State of Montana, in and for the County of Missoula and the Hon. Douglas Harkin, Presiding Judge, Respondents.

Supreme Court of Montana.

Decided May 11, 1987.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, George Goodrich, Missoula, argued, for relators.

Small, Hatch, Doubek & Pyfer, John Doubek, Helena, argued, for respondents.

SHEEHY, Justice.

This is an original proceeding. Applicants seek a writ of supervisory control vacating the Fourth Judicial District's denial of First Bank's motion to dismiss an action filed by Bessie, Lee and Rick Stott and All West Equipment, plaintiffs in the court below. The Stotts filed their action alleging fraud, misrepresentation and breach of the duty of good faith and fair dealing against First Bank. First Bank...

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