REILLY v. CITIZENS STATE BANK

No. 90-341.

822 P.2d 1088 (1991)

Don Byron REILLY and Mary Lou Reilly, Plaintiffs and Appellants, v. CITIZENS STATE BANK, Idaho First National Bank and Farmers and Merchants Bank, Defendants and Respondents.

Supreme Court of Montana.

Decided December 19, 1991.


Attorney(s) appearing for the Case

James P. O'Brien, Missoula, for plaintiffs and appellants.

Randy J. Cox, Boone, Karlberg & Haddon, Bruce Hussey, Missoula, for defendants and respondents.


HARRISON, Justice.

This is an appeal from the order of the Fourth Judicial District Court, Ravalli County, denying appellants' motion to set aside a stipulation and order dismissing their case. We affirm.

The issue is whether the District Court erred when it dismissed appellants' tort action with prejudice based upon a stipulation entered into between respondents and a bankruptcy trustee, which lacked notice or consent of a named party.

Appellants...

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