TURBIVILLE v. HANSEN

No. 88-88.

761 P.2d 389 (1988)

Sharon TURBIVILLE, Plaintiff and Appellant, v. Erling HANSEN and Avis Hansen, husband and wife; and Avis Corporation, a Montana corporation; and Alfred Graf; and First National Bank & Trust Co., a North Dakota Banking Institution, Defendants and Respondents.

Supreme Court of Montana.

Decided September 6, 1988.


Attorney(s) appearing for the Case

Timothy J. Whalen, Whalen & Whalen, Billings, for plaintiff and appellant.

Phillip N. Carter, Koch & Carter, Sidney, Donna M. Murphy; Rolfstad, Winkjer, McKennett and Stenehjem, Williston, N.D., for defendants and respondents.


WEBER, Justice.

This is an action for damages arising from the termination of Ms. Turbiville's contractual interest in a nightclub and restaurant on the Montana-North Dakota state line. The District Court for the Fifteenth Judicial District, Roosevelt County, granted summary judgment to defendant First National Bank and Trust Co. (Bank). Ms. Turbiville appeals. We affirm.

The issue is whether the lower court erred in granting the Bank summary judgment.

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