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BLAINE BANK OF MONTANA v. HAUGEN

No. 92-430.

858 P.2d 14 (1993)

BLAINE BANK OF MONTANA, a Montana Corporation, Plaintiff and Respondent, v. Russell HAUGEN, Donn R. Haugen, and Dell Haugen, d/b/a Quality Enterprises, a Montana partnership, and Doris Haugen, Defendants and Appellants.

Supreme Court of Montana.

Decided August 17, 1993.

Attorney(s) appearing for the Case

Chris R. Young, Young, Brown & Richardson, Havre, for defendants and appellants.

Ward E. Taleff, John P. Paul, Alexander, Baucus & Linnell, Great Falls, for plaintiff and respondent.

GRAY, Justice.

Russell and Donn Haugen appeal from an order of the Seventeenth Judicial District Court, Blaine County, denying their motion to preclude entry of deficiency judgment. We affirm.

We restate the issues on appeal as follows:

1. Did the District Court err by allowing the Haugens to file an action to recover damages, if any, resulting from a judicial foreclosure sale which violated § 25-13-704(2), MCA, instead of precluding deficiency...

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