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STATE v. DIST. COURT OF THIRD JUD. DIST.

No. 92-480.

881 P.2d 594 (1994)

STATE of Montana, ex rel., FARM CREDIT BANK OF SPOKANE, Relator, v. The DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF THE STATE of Montana, in and for the COUNTY OF POWELL, and the Honorable Judge thereof, Ted L. Mizner, Respondents.

Supreme Court of Montana.

Decided August 12, 1994.

Rehearing Denied October 20, 1994.

Attorney(s) appearing for the Case

Martin S. King, Worden, Thane & Haines, Missoula, MT (argued), W. Arthur Graham, Central Coast Farm Credit, Arroyo Grande, CA, for relator.

Allen Beck, Billing MT (argued) Peter Pauly, Helena, MT, for Clifford and Patricia Graveley.

TRIEWEILER, Justice.

Plaintiffs Clifford E. Graveley and Patricia E. Graveley filed their complaint in the District Court for the Third Judicial District in Powell County claiming the right to damages from defendant Farm Credit Bank of Spokane (FCB) based on numerous allegations, including breach of contract and breach of the Bank's independent covenant to perform that contract in good faith. The Graveleys sought contract damages and specific performance of what they...

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