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SIMMONS v. JENKINS

No. 87-220.

750 P.2d 1067 (1988)

Lee SIMMONS, Ken Simmons, and Colleen Simmons, Plaintiffs and Appellants, v. L.V. JENKINS, Jr., et al., Defendants and Respondents.

Supreme Court of Montana.

Decided February 29, 1988.

Attorney(s) appearing for the Case

Stephens Law Firm, Robert L. Stephens, Jr., Billings, for plaintiffs and appellants.

Moulton, Bellingham, Longo & Mather; W.S. Mather, Billings, Lucas & Monaghan; Thomas M. Monaghan, Miles City, for defendants and respondents.

HUNT, Justice.

This is an appeal from the granting of two summary judgments by the District Court, Sixteenth Judicial District, County of Rosebud. We affirm.

Appellants raise three issues on appeal:

1. Did the District Court err in granting judgment in favor of the First State Bank of Forsyth even though there existed material issues of fact which could have allowed the jury to find in favor of Simmons?<...

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