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CITIZENS FIRST NAT. v. MOE MOTOR CO.

No. 90-607.

813 P.2d 400 (1991)

CITIZENS FIRST NATIONAL BANK OF WOLF POINT, A National banking corporation, Plaintiff and Respondent, v. MOE MOTOR COMPANY, a partnership and A.R. Moe, a/k/a Arvid Moe, and Curtis Moe, a/k/a Curtis W. Moe, partners, associated and in business under the common name and style of said company, defendants and Appellants.

Supreme Court of Montana.

Decided June 4, 1991.

Rehearing Denied July 25, 1991.

Attorney(s) appearing for the Case

Don M. Hayes and Rodney T. Hartman, Herndon, Hartman, Sweeney & Halverson, Billings, for defendants and appellants.

Charles W. Hingle and Stephen D. Bell, Dorsey and Whitney, Billings, for plaintiff and respondent.

TURNAGE, Chief Justice.

This is an action to foreclose a loan. Defendants appeal a summary judgment granted to plaintiff bank by the District Court of the Fifteenth Judicial District, Roosevelt County. We affirm in all respects except that we remand as to the Kelly Moe contract.

The issue is whether the District Court erred in granting summary judgment in favor of the bank on its claims and on defendants' counterclaims.

Defendant Moe Motor Company...

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