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AETNA LIFE INS. CO. v. JORDAN

No. 92-008.

835 P.2d 770 (1992)

AETNA LIFE INSURANCE COMPANY, Plaintiff and Respondent, v. Lawrence Edward JORDAN; Lawrence Emmett Jordan, a/k/a Larry Jordan, a/k/a Larry E. Jordan; Helen K. Jordan, a/k/a Helen Jordan, Defendants and Appellants, and First National Bank of Hysham; The Partnership of Marv Huisman, Les Broeck and Doug Strangeland; Chuck Kananen; and Central Electric Service, Defendants.

Supreme Court of Montana.

Decided August 13, 1992.

Attorney(s) appearing for the Case

Craig D. Martinson, Billings, for defendants and appellants.

John G. Crist, Dorsey & Whitney, Billings, for plaintiff and respondent.

James A. Patten, Patten Law Firm, Michael B. Anderson, Holland & Hart, Billings, Timothy J. O'Hare, James L. Stogsdill, Lewistown, for defendants.

McDONOUGH, Justice.

Lawrence Edward Jordan, Lawrence Emmett Jordan and Helen K. Jordan appeal from an order of the Tenth Judicial District, Fergus County, in favor of Aetna Life Insurance Company. We affirm and remand.

The issues presented on appeal are:

1. Whether the District Court erred in granting summary judgment in favor of Aetna, without a hearing;

2. Whether the District Court erred in granting Lawrence Emmett Jordan and Helen K. Jordan...

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