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BIEBER v. STATE BANK OF TERRY

No. 90-35551.

928 F.2d 328 (1991)

Leroy BIEBER; Lynda Bieber, husband and wife; Skull Creek Ranch, Inc., Bieber Land and Cattle, Inc., a Montana corporation; Scott R. Bieber, Individually, Plaintiffs-Appellants, v. STATE BANK OF TERRY; Albert S. Brubaker; Sidney K. Brubaker; Gary Ryti; Bruce A. Fredrickson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 20, 1991.

Attorney(s) appearing for the Case

Arnie A. Hove, Circle, Mont., for plaintiffs-appellants.

Robert Edd Lee and Bruce A. Fredrickson, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Mont., for defendants-appellees.

Before BROWNING, WRIGHT, and FARRIS, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The district court, finding that none of the transactions between the plaintiffs and the defendant bank amounted to illegal tying under the Bank Holding Company Act, granted the defendants' motion for summary judgment. We agree that the facts alleged were insufficient to support plaintiffs' federal claims.

I

The plaintiffs own and operate two Montana ranches: Skull Creek Ranch, Inc. (SCR) and Bieber Land and Cattle...

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