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FIRST INTERSTATE BANK v. BIG HORN F.S. & L.

Nos. 88-295, 88-296.

770 P.2d 231 (1989)

FIRST INTERSTATE BANK OF GREYBULL, N.A., Appellant (Plaintiff), v. BIG HORN FEDERAL SAVINGS & LOAN, Appellee (Defendant), Ricky Bryant, Alice W. Bryant and James Bryant, Defendants. FIRST INTERSTATE BANK OF GREYBULL, N.A., Appellant (Defendant), v. BIG HORN FEDERAL SAVINGS & LOAN, Appellee (Plaintiff), Kenneth W. Bryant, James G. Bryant, The Estate of Neva M. Bryant, deceased, Defendants.

Supreme Court of Wyoming.

March 10, 1989.

Attorney(s) appearing for the Case

M. Scott McColloch, Greybull, for appellant.

Nancy G. Hinckley of Hinckley & Hinckley, Basin, for appellee.

Before THOMAS, URBIGKIT, MACY and GOLDEN, JJ., and ROONEY, Retired J.

ROONEY, Retired Justice.

Defendant James Bryant had an Individual Retirement Account (IRA) with appellant bank. Appellant foreclosed a mortgage held by it on property of defendants, and it obtained a deficiency judgment on January 6, 1987 for $92,205.58. On January 9, 1987, appellant garnisheed the IRA account held by it toward satisfaction of the judgment. Defendant James Bryant objected, and the funds were surrendered to the Clerk of the District Court.

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