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HAY v. FIRST INTERSTATE BANK OF KALISPELL, N.A.

No. 91-35811.

978 F.2d 555 (1992)

Alan HAY, William Hay, and Desert Mountain Forest Products, Inc., a Montana corporation, Plaintiffs-Appellants, v. FIRST INTERSTATE BANK OF KALISPELL, N.A., Kaltana Corporation, a Montana corporation, and Donald Whaley, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 2, 1992.

Attorney(s) appearing for the Case

Stephen M. Barrett, Kirwan & Barrett, Bozeman, Mont., for plaintiffs-appellants.

C. Eugene Phillips, Murphy, Robinson, Heckathorn & Phillips, Kalispell, Mont., for defendant-appellee First Interstate Bank of Kalispell, N.A.

Richard DeJana, Kalispell, Mont., for defendants-appellees Kaltana Corp. and Donald Whaley.

Before: FARRIS, LEAVY, and TROTT, Circuit Judges.

FARRIS, Circuit Judge:

Desert Mountain Forest Products, Inc., appeals a grant of summary judgment entered on behalf of defendants First Interstate Bank of Kalispell, Kaltana Corporation, and Donald Whaley, in Desert Mountain's action for "bad faith," breach of contract, and civil conspiracy. Desert Mountain acknowledges that its action is an asset of its bankruptcy estate, but argues that the equities favor its proceeding for the benefit of creditors whose shares...

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