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  5. 833 P.2d 1042 (1992)
 

RAVALLI COUNTY BANK v. GASVODA

No. 91-582.

833 P.2d 1042 (1992)

RAVALLI COUNTY BANK, a Montana Banking Corporation, Plaintiff and Respondent, v. Jay M. GASVODA, a/k/a Jay M. Gasvoda Construction, d/b/a Gasvoda Construction, Sally A. Gasvoda, and Roland L. Sauter, d/b/a Billings Truck Salvage, Defendants and Appellants.

Supreme Court of Montana.

Decided June 4, 1992.

Attorney(s) appearing for the Case

Lewis E. Brueggemann, Brueggemann Law Office, Billings, for defendants and appellants.

Thomas P. Koch, Koch, McKenna, Goheen & Weber, Hamilton, for plaintiff aned respondent.

HARRISON, Justice.

This is an appeal from an order of the Fourth Judicial District Court, Missoula County, Montana, which granted respondent, Ravalli County Bank (the Bank), summary judgment against the counterclaim of appellant, Roland L. Sauter (Sauter). We reverse and remand.

The case at bar stems in part from two previous cases. In those cases Sauter filed suit in Justice Court against Jay M. Gasvoda (Gasvoda...

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