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CLUB BUFFET BAR INC. v. LILIENTHAL

No. 94-233.

885 P.2d 526 (1994)

CLUB BUFFET BAR, INC., Plaintiff and Respondent, v. Ray LILIENTHAL, a/k/a Ray Lilenthal, United States of America (acting by and through the Internal Revenue service) and State of Montana (acting by and through its Department of Revenue), Defendants and Appellants.

Supreme Court of Montana.

Decided November 29, 1994.

Attorney(s) appearing for the Case

John Houtz, Forsyth, for appellants.

Richard W. Josephson, Josephson & Fredricks, Big Timber, for respondent.

TURNAGE, Chief Justice.

In this action, Club Buffet Bar, Inc. (Club Buffet Bar), seeks to repossess real and personal property and a liquor license financed through a contract for deed. The District Court for the Sixteenth Judicial District, Rosebud County, granted summary judgment to Club Buffet Bar. The buyer, Ray Lilienthal, appeals. We affirm and remand for determination of the amount of attorney fees to be awarded to Club Buffet Bar.

The issue on appeal...

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