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BOYD v. FIRST INTERSTATE BANK

No. 91-500.

833 P.2d 149 (1992)

Steven G. BOYD and Jerri Boyd, husband and wife, and Montana Medical Oxygen and Supply, Inc., a Montana corporation, Plaintiffs and Appellants, v. FIRST INTERSTATE BANK OF KALISPELL, N.A., a National Banking Association, Defendant, Third-Party Plaintiff and Respondent, v. STATE MEDICAL OXYGEN AND SUPPLY, INC., Larry R. Williams, Mark C. Hungerford, Brian R. Cloutier, Stephen Kasprisin, and Roger Boyd, Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided May 28, 1992.

Attorney(s) appearing for the Case

Jon R. Binney and Lon J. Dale, Milodragovich, Dale & Dye, Missoula, for appellants.

Debra D. Parker, Murphy, Robinson, Heckathorn & Phillips, Kalispell; Dexter L. Delaney and Palmer Mars Scott, Mulroney, Delaney & Scott, Missoula, for respondents.

HUNT, Justice.

Plaintiffs/appellants Boyds brought suit against defendant/respondent bank based on the deposit of certain negotiable instruments between November 1983 and February 1985. Respondent then brought State Medical into the action by way of a third-party complaint, alleging entitlement to indemnification for any damages which might be awarded in the action. Specifically, the appellants brought suit for statutory ...

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