TISHER v. NORWEST CAPITAL MGT. & TRUST

No. 92-526.

859 P.2d 984 (1993)

Bill D. TISHER and Gayle Sschleve as personal representatives for Viola J. Heath, Deceased, Plaintiffs and Appellants, v. NORWEST CAPITAL MANAGEMENT & TRUST CO., INC., Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided August 24, 1993.

Rehearing Denied September 23, 1993.


Attorney(s) appearing for the Case

Robert L. Johnson, Lewistown; J. Douglas Alexander, for plaintiffs and appellants.

Earl Hanson, Hanson & Todd, Billings, Walter S. Murfitt, Luxan & Murfitt, Helena, for defendant and respondent.


GRAY, Justice.

Bill Tisher and Gayle Schleve (Tisher and Schleve) appeal from an order of the Thirteenth Judicial District Court, Yellowstone County, granting summary judgment to Norwest Capital Management and Trust Co. (Norwest) and denying their motion for summary judgment. We affirm.

The sole issue on appeal is whether the District Court erred in concluding that res judicata barred the claims asserted by Tisher and Schleve.

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