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MILK RIVER PCA v. BIG HOOK LAND & CATTLE

No. 89-240.

783 P.2d 359 (1989)

MILK RIVER PRODUCTION CREDIT ASSOCIATION, a federal instrumentality, Plaintiff and Respondent, v. BIG HOOK LAND & CATTLE COMPANY, a Montana corp.; Harold Goolsbee, Jr., Alyce Goolsbee; Sherlee T. Graybill; Graybill, Ostrem, Warner and Crotty; John H. Leeds, D.V.M., Defendants and Appellants. BIG HOOK LAND & CATTLE CO., et al., Counterclaimants and Third-Party Plaintiffs and Appellants, v. MILK RIVER PRODUCTION CREDIT ASSOCIATION, a federal instrumentality, Counterclaim Defendants and Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided October 25, 1989.

Attorney(s) appearing for the Case

Leo Graybill, Jr., Donald L. Ostrem, Graybill, Ostrem, Warner & Crotty, Great Falls, for defendants and appellants.

Gary S. Deschenes, John P. Paul, Alexander, Baucus & Linnell, Great Falls, Thomas Sheehy, Big Sandy, for plaintiff and respondent.

WEBER, Justice.

Defendants Harold and Alyce Goolsbee appeal a grant of partial summary judgment entered against them by the Twelfth Judicial District Court, Hill County, Montana. Because the partial summary judgment was not a final order and was not certified to this Court pursuant to Rule 54(b), M.R.Civ.P., we dismiss the appeal without prejudice.

On November 14, 1985, Milk River Production Credit Association (Milk River PCA) brought a foreclosure action...

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