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HOVEN v. FIRST BANK (N.A.)-BILLINGS

No. 90-046.

797 P.2d 915 (1990)

Harley HOVEN, Estate of Donna Hoven, and Hoven Construction Co., A Montana Corporation, Plaintiffs and Appellants, v. FIRST BANK (N.A.)-BILLINGS, a National Banking Association, and FBS Credit Services, Inc., a Minnesota Corporation, Defendants and Respondents. FIRST BANK (N.A.)-BILLINGS, a National Banking Association, Counterclaimant, v. Harley HOVEN, Estate of Donna Hoven, and Hoven Construction Co., a Montana Corporation, Counterclaim Defendants

Supreme Court of Montana.

Decided August 23, 1990.

As Modified on Denial of Rehearing September 24, 1990.

Attorney(s) appearing for the Case

James P. Murphy, Billings, for plaintiffs and appellants.

Stephen D. Bell and Charles W. Hingle, Dorsey & Whitney, Billings, Keith Strong, Dorsey & Whitney, Great Falls, for defendants and respondents.

WEBER, Justice.

In the District Court for the Thirteenth Judicial District, Yellowstone County, plaintiffs Donna Hoven, for whom the estate of Donna Hoven has been substituted, and Harley Hoven, her husband, and Hoven Construction Company (Hoven Construction), all collectively referred to as Hovens, appeal from the Order granting the summary judgment motion of the defendants, First Bank (N.A.)-Billings and FBS Credit Services, Inc., servicing agent for First Bank...

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