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MONTANA BANK OF LIVINGSTON v. OLD SALOON

No. 88-334.

766 P.2d 878 (1988)

MONTANA BANK OF LIVINGSTON, Plaintiff and Respondent, v. OLD SALOON, INC., a Montana corporation, Vernice Ann Salyer, an individual, Charles R. Peavey, an individual, and Melvin A. Barber, an individual, Defendants and Respondents. Melvin A. BARBER, Third-Party Plaintiff and Appellant, v. David BECK and Diane Beck, Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided December 29, 1988.

Attorney(s) appearing for the Case

Knuchel & McGregor, Karl Knuchel, Livingston, for third-party plaintiff and appellant.

Swandal & Douglass Law Firm, Kent R. Douglass, Livingston, for plaintiff and respondent.

WEBER, Justice.

This appeal involves the portion of this action in which Melvin A. Barber was held liable to the Montana Bank of Livingston (Bank) as a surety on a note. The District Court for the Sixth Judicial District, Park County, granted summary judgment to the Bank. Mr. Barber appeals but we affirm.

We restate the issues as:

1. Is Mr. Barber entitled to be discharged from his surety agreement as a matter of law or equity?

2. Was summary...

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