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VILLAGE BANK v. CLOUTIER

No. 90-575.

813 P.2d 971 (1991)

The VILLAGE BANK, a banking association, Plaintiff and Respondent, v. Leo J. CLOUTIER, Ruth M. Cloutier, E. Kits Smith, and Brian Cloutier, Defendants, Counterclaimants and Appellants.

Supreme Court of Montana.

Decided June 11, 1991.

Attorney(s) appearing for the Case

Chris Christensen, Kalispell, for defendants, counterclaimants and appellants.

Ward E. Taleff, Alexander, Baucus & Linnell, Great Falls, for plaintiff and respondent.

McDONOUGH, Justice.

Defendants, Leo Cloutier, Ruth Cloutier, Brian Cloutier and E. Kits Smith (hereinafter Cloutiers) appeal from an order of the Eighth Judicial District, Cascade County, granting summary judgment in favor of plaintiff, Village Bank. We reverse and remand.

The sole issue we find necessary for review is:

Whether the District Court erred in granting summary judgment in favor of Village Bank.

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