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SERVICE FUNDING, INC. v. CRAFT

No. 88-203.

763 P.2d 1131 (1988)

SERVICE FUNDING, INC., A Montana corporation, Plaintiff and Appellant, v. Roger L. CRAFT, Norma J. Craft, Joe W. Berry, and First Security Bank of Bozeman, a corp., Defendants and Respondents.

Supreme Court of Montana.

Decided November 1, 1988.

Attorney(s) appearing for the Case

Dunaway, O'Connor & Moe, Stewart R. Kirkpatrick, Billings, for plaintiff and appellant.

Morrow, Sedivy & Bennett, Edmund P. Sedivy, Jr., Bozeman, for defendants and respondents.

WEBER, Justice.

Service Funding, Inc., (Service Funding) brought an action to recover $28,802.38 on a note secured by a second mortgage from the Crafts on property in which First Security Bank (First Security) also had a security interest. The District Court for the Eighteenth Judicial District, Gallatin County, sitting without a jury, denied Service Funding's request for relief. We affirm.

The issues are:

1. Did First Security Bank have a fiduciary...

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