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SCARR v. BOYER

No. 91-070.

818 P.2d 381 (1991)

L.E. SCARR a/k/a Robert Scarr, Plaintiff and Appellant, v. James W. BOYER and Joann Boyer, Defendants and Respondents.

Supreme Court of Montana.

Decided October 8, 1991.

Attorney(s) appearing for the Case

J. Reuss, Wright, Tolliver & Guthals, Billings, for plaintiff and appellant.

James P. Healow, Sweeney & Healow, Billings, for defendants and respondents.

TRIEWEILER, Justice.

L.E. Scarr sued James and JoAnn Boyer to recover $70,000 due under a promissory note. The Boyers filed a counterclaim alleging usury. Both parties moved for summary judgment. The District Court for the Thirteenth Judicial District in Yellowstone County granted summary judgment for Scarr on the note itself and granted summary judgment for the Boyers on their counterclaim for usury. Scarr appeals from the order of the District Court. We affirm....

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