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LITTLE HORN STATE BANK v. MILL

No. 88-72.

760 P.2d 91 (1988)

LITTLE HORN STATE BANK, Plaintiff and Appellant, v. Thomas J. MILL and Sharon Mill, Defendants and Respondents.

Supreme Court of Montana.

Submitted on Briefs June 22, 1988.

Attorney(s) appearing for the Case

Bert W. Kronmiller and James E. Torske, Hardin, for plaintiff and appellant.

Moulton, Bellingham, Longo & Mather, Ward Swanser, Billings, for defendants and respondents.

TURNAGE, Chief Justice.

Plaintiff Little Horn State Bank appeals the September 8, 1987, bench judgment of the Thirteenth Judicial District Court, Big Horn County. After trial, the court dismissed the Bank's action on its merits. The court concluded that defendants Thomas and Sharon Mill had a superior claim to the heating system and exhaust fan which the Mills removed from a building mortgaged by a third party to the Bank. We affirm.

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