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FIRST TRUST CO. v. CITY OF GREAT FALLS

No. 92-433.

845 P.2d 1227 (1993)

FIRST TRUST COMPANY OF MONTANA, as Trustee, Plaintiff and Respondent, v. CITY OF GREAT FALLS, Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided January 21, 1993.

Attorney(s) appearing for the Case

David V. Gliko, City Attorney, Great Falls, for defendant and appellant.

Norman L. Newhall, Alexander, Baucus & Linnell, Great Falls, for plaintiff and respondent.

TURNAGE, Chief Justice.

The City of Great Falls appeals a ruling of the District Court for the Eighth Judicial District, Cascade County, granting summary judgment to First Trust Company of Montana. We affirm.

The issue is whether the District Court erred in ruling that a prior recorded mortgage lien securing IDR municipal bonds is superior to a subsequent lien securing delinquent SID municipal bonds.

In February of 1975, the City of Great Falls adopted...

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