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FIRST SEC. BANK OF GLENDIVE v. GARY

No. 89-113.

798 P.2d 523 (1990)

FIRST SECURITY BANK OF GLENDIVE, a Montana Banking Corporation of Glendive, Montana, Plaintiff, Respondent and Cross-Appellant, v. Larry J. GARY and Mary Gary, husband and wife; R.H. Schwartz Construction Specialties, Inc., a Montana Corporation of Glendive, Montana, Defendants, Appellants and Cross-Respondents. FIRST SECURITY BANK OF GLENDIVE, a Montana Banking Corporation of Glendive, Montana, Plaintiff, Respondent and Cross-Appellant, v. GARY DATSUN, INC., a Montana Corporation of Glendive, Montana, Defendant, Appellant and Cross-Respondent.

Supreme Court of Montana.

Decided September 6, 1990.

Rehearing Denied October 30, 1990.

Attorney(s) appearing for the Case

Gene Huntley, Baker, for defendants, appellants and cross-respondents.

Thomas Monaghan, Lucas & Monaghan, Miles City, for plaintiff, respondent and cross-appellant.

WEBER, Justice.

This is an appeal from a judgment notwithstanding the verdict (NOV) entered by the District Court for the Seventh Judicial District, Dawson County. The judgment NOV nullified a jury verdict of over $1.2 million for Larry and Mary Gary. In addition, the District Court decided that punitive damages would not be awarded and entered judgment in favor of First Security Bank on its claims in the amount of $314,272.96 plus interest from date of trial. Larry...

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