CARPENTERS-EMP. RET. TR. v. GALLERIA PART.

No. 90-404.

819 P.2d 158 (1991)

The TRUSTEES OF THE WASHINGTON-IDAHO-MONTANA CARPENTERS-EMPLOYERS RETIREMENT TRUST FUND and the Trustees of the Laborers — A.G.C. Pension Trust of Montana, Plaintiffs and Appellants, v. The GALLERIA PARTNERSHIP, A Montana general partnership, et al., and Marble's Moving, Storage & Transfer, a Montana corporation; and A.T. Klemens & Sons, a Montana Corporation, Defendants, Appellants and Respondents. The GALLERIA PARTNERSHIP, et al., a Montana General Partnership, Counter-Claimants, and Third-Party Plaintiffs, v. The TRUSTEES OF THE WASHINGTON-IDAHO-MONTANA CARPENTERS-EMPLOYERS RETIREMENT TRUST FUND and the Trustees of the Laborers A.G.C. Pension Trust of Montana, Counter-Defendants, and Compass Group, Inc., a Washington Corporation, and Old National Bancorporation, a Delaware Corporation, Third-Party Defendants. MARBLE'S MOVING, STORAGE & TRANSFER, INC., a Montana Corporation, Cross-Claimants and Third-Party Plaintiff, v. The GALLERIA PARTNERSHIP, a Montana general partnership, et al., Cross-Defendants, and Daniel W. Cook, Kent Bray, Marvin Hessler, Delvin Trost, James McKeague, Donald Fisher, Robert C. Patterson, Arthur C. West, James W. McDermand and James D. Miller, Third-Party Defendants.

Supreme Court of Montana.

Decided August 2, 1991.

Rehearing Denied September 10, 1991.


Attorney(s) appearing for the Case

K. Dale Schwanke, Jardine, Stephenson, Blewett & Weaver, Great Falls, for defendants, appellants and respondents.

William VanCanagan, Datsopoulos, MacDonald & Lind, Missoula, for plaintiffs and appellants.


HARRISON, Justice.

The parties appeal from a June 15, 1990, judgment of the District Court of the Eighth Judicial District, Cascade County, Montana, valuing certain foreclosed property at $1,100,000 and awarding no interest on appellants' loan accrued from the date of the sheriff's sale to the date the new judgment was entered. We affirm.

The parties present the following issues:

1. Did the District Court abuse its discretion in determining the value...

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