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FIRST BANK WESTERN MONTANA v. GREGOROFF

No. 88-392.

770 P.2d 512 (1989)

FIRST BANK WESTERN MONTANA MISSOULA, Plaintiff and Respondent, v. Vernont T. GREGOROFF and Luanne Gregoroff, Defendants and Appellants.

Supreme Court of Montana.

Decided March 2, 1989.

Attorney(s) appearing for the Case

David L. Holland, argued, David J. Wing, argued, Butte, for defendants and appellants.

Corette, Smith, Pohlman & Allen, Lisa Swan Semansky argued, and R.D. Corette, Jr., argued, Butte, for plaintiff and respondent.

HARRISON, Justice.

Appellants Vernon and Luanne Gregoroff challenge the constitutionality of Montana's Claim and Delivery statutes, under which their trailer was seized by the Butte-Silver Bow County sheriff. Appellants allege they were denied procedural due process when the District Court, upon motion of respondent First Bank Western Montana, ordered the seizure of the trailer without providing notice of or opportunity for an immediate post-seizure hearing. The appellants...

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