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FIRST NAT. BANK v. FIRST SEC. BANK

No. 92-582.

857 P.2d 726 (1993)

FIRST NATIONAL BANK OF GLASGOW, Plaintiff and Respondent, v. FIRST SECURITY BANK OF MONTANA, N.A., Defendant and Appellant.

Supreme Court of Montana.

Decided August 17, 1993.

Attorney(s) appearing for the Case

Ward E. Taleff, Alexander, Baucus & Linnell, Great Falls, Matthew W. Knierim, Christoffersen & Knierim, Glasgow, for defendant and appellant.

Robert Hurly, Glasgow, for plaintiff and respondent.

TRIEWEILER, Justice.

The defendant, First Security Bank, appeals from an order of the District Court of the Seventeenth Judicial District in Valley County which granted summary judgment to First National Bank and awarded attorney fees in the amount of $40,000. We reverse the order of the District Court.

The dispositive issue on appeal is whether First National had a right to recover attorney fees which were incurred as a result of litigation with First Security...

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