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FIRST SEC. BANK OF BOZEMAN v. JONES

No. 91-136.

814 P.2d 988 (1991)

FIRST SECURITY BANK OF BOZEMAN, Plaintiff and Respondent, v. Milton E. JONES and Helen C. Jones, Defendants and Appellants.

Supreme Court of Montana.

Decided July 2, 1991.

Attorney(s) appearing for the Case

Gerald B. Murphy and Thomas E. Smith, Moulton, Bellingham, Longo & Mather, P.C., Billings, for defendants and appellants.

Calvin L. Braaksma, Landoe, Brown, Planalp & Kommers, P.C., Bozeman, for plaintiff and respondent.

TRIEWEILER, Justice.

Milton and Helen Jones appeal from the order of the District Court for the Eleventh Judicial District in Flathead County, granting First Security Bank of Bozeman summary judgment in a foreclosure action. We affirm the District Court.

The issue raised by the defendants is whether the doctrines of merger or res judicata, or public policy prevent the Bank from obtaining a judgment in Flathead County after already obtaining a judgment...

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