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MIDFIRST BANK, STATE SAV. BANK v. RANIERI

No. 92-267.

848 P.2d 1046 (1993)

MIDFIRST BANK, STATE SAVINGS BANK, Plaintiff and Respondent, v. Larry D. RANIERI; United States of America — Department of the Treasury — Internal Revenue Service; and State Montana — Department of Revenue, Defendants and Appellants.

Supreme Court of Montana.

Decided March 18, 1993.

Attorney(s) appearing for the Case

Carl A. Hatch, Small, Hatch, Doubek & Pyfer, Helena, for defendants and appellants.

Mark E. Noennig, Hendrickson, Everson & Noennig, Billings, for plaintiff and respondent.

GRAY, Justice.

Larry Ranieri appeals from an order of the First Judicial District Court, Lewis and Clark County, granting summary judgment in favor of Midfirst Bank. We affirm.

We state the issues on appeal as follows:

1) Did the District Court err in concluding that a deficiency judgment was available following judicial foreclosure of a deed of trust securing a single family dwelling that the borrower operated as rental property?

2) Did the...

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