CLEASBY v. SECURITY FEDERAL SAV. BANK

No. 89-526.

794 P.2d 697 (1990)

Elwood W. CLEASBY d/b/a Western Heritage and Marge M. Cleasby, Plaintiffs and Appellants, v. SECURITY FEDERAL SAVINGS BANK, a/k/a Security Federal Savings and Loan Association, a Banking Corporation, and James E. Higgenbotham, Defendants and Respondents.

Supreme Court of Montana.

Decided June 28, 1990.


Attorney(s) appearing for the Case

Don Vernay, Kalispell, for plaintiffs and appellants.

Jon T. Drye, Billings, for defendants and respondents.


SHEEHY, Justice.

Plaintiffs (Cleasbys) appeal from an order of the Thirteenth Judicial District, Yellowstone County, granting defendants' motion for partial summary judgment. We affirm the District Court's order.

The Cleasbys raise two issues on appeal:

(1) Whether the Cleasbys' failure to adequately disclose the existence of claims against Security Federal in the bankruptcy proceeding estops them from now pursuing those claims.

(2) Whether...

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