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LAWRENCE v. CLEPPER

No. 93-285.

865 P.2d 1150 (1993)

Virginia LAWRENCE, Plaintiff and Respondent, v. Michael H. CLEPPER, Personal Representative of the Estates of Jane Ray Taylor and Frank M. Taylor, Defendant and Appellant.

Supreme Court of Montana.

Decided December 22, 1993.

Attorney(s) appearing for the Case

Harold V. Dye, Milodragovich, Dale & Dye, Missoula, for defendant and appellant.

J. Robert Planalp and Calvin L. Braaksma, Landoe, Brown, Planalp & Braaksma, Bozeman, for plaintiff and respondent.

TRIEWEILER, Justice.

Plaintiff Virginia Lawrence brought this claim for restitution from the estate of Jane R. Taylor and Frank M. Taylor in the District Court for the Twenty-first Judicial District in Ravalli County. The District Court concluded that prior to their deaths, Taylors received money belonging to Lawrence as constructive trustees, and that under the equitable theory of unjust enrichment, she was entitled to...

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