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BENNETT v. GLACIER GENERAL ASSUR. CO.

No. 92-551.

857 P.2d 683 (1993)

Andrea "Andy" BENNETT, State Auditor and Commissioner of Insurance of the State of Montana, Plaintiff and Respondent on Claim Appeal, v. GLACIER GENERAL ASSURANCE COMPANY, Respondent and Respondent, Missoula Hotel Development Associates, Claimant and Appellant.

Supreme Court of Montana.

Decided July 27, 1993.

Attorney(s) appearing for the Case

Ronald B. MacDonald, Datsopoulos, MacDonald & Lind, Missoula, for appellant.

J. Dennis Moreen and Patrick M. Driscoll, Chronister, Driscoll & Moreen, Helena, for respondent.

GRAY, Justice.

Missoula Hotel Development Associates appeals from an order of the First Judicial District Court, Lewis and Clark County, designating its claim against the liquidated Glacier General Assurance Company for return of a $250,000 retained deposit as a Class 4 priority claim. We affirm.

The sole issue on appeal is whether Missoula Hotel Development Associates established a preferential right to $250,000 of the remaining assets of Glacier General...

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