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KUHNS v. KOESSLER

No. 93-480.

880 P.2d 1293 (1994)

Eldon E. KUHNS, a/k/a E.E. Kuhns, Plaintiff, Appellant, and Cross-Respondent, v. James H. KOESSLER, Defendant, Respondent, and Cross-Appellant.

Supreme Court of Montana.

Decided August 30, 1994.

Rehearing Denied October 13, 1994.

Attorney(s) appearing for the Case

J. Reuss; Wright, Tolliver & Guthals, Billings, for appellant.

Sam E. Haddon, Dean A. Stensland, Boone, Karlberg & Haddon, Missoula, for respondent.

HARRISON, Justice.

Eldon E. Kuhns (Kuhns) appeals the Thirteenth Judicial District Court, Yellowstone County, order which granted summary judgment dismissing Kuhns' claims on three promissory notes executed to Kuhns by James H. Koessler (Koessler). Koessler cross-appeals the District Court's grant of summary judgment on his RICO-based counterclaim.

We reverse the District Court's dismissal of Kuhns' promissory note claims, and remand to the District Court...

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