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OMAHA PROPERTY AND CAS. CO. v. CROSBY

No. CV-89-9-M-CCL.

756 F.Supp. 1380 (1990)

OMAHA PROPERTY AND CASUALTY COMPANY, Plaintiff, v. Dorothy CROSBY, Rick G. Butler, Maryanna Morse, individually and as parent, guardian, or guardian ad litem of Theresa Caudill, a minor, and Suzanne Lewis, individually and as parent, guardian, or guardian ad litem of Billie Jo Powers and Tabatha Winkleblack, minors, First Interstate Bank of Missoula, N.A., Defendants.

United States District Court, D. Montana, Missoula Division.

November 9, 1990.

Attorney(s) appearing for the Case

Kristine Foot, Michael J. Milodragovich, Milodragovich, Dale & Dye, Missoula, Mont., for plaintiff Omaha Property and Cas. Co.

David B. Cotner, Boone, Karlberg & Haddon, Missoula, Mont., for defendant First Interstate Bank of Missoula, N.A.

Byron Boggs, Missoula, Mont., for defendants Lewis, Powers & Winkleblack.

Darla J. Keck, Datsopoulos, MacDonald & Lind, Missoula, for defendants Crosby & Butler.

MEMORANDUM AND ORDER

PREGERSON, Circuit Judge.*

Before the court are cross-motions for summary judgment. Under Fed.R.Civ.P. 56(c), summary judgment is appropriate where "there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law." All parties agree that this matter is ripe for summary judgment.

BACKGROUND

The following facts are undisputed. Plaintiff...

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