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SCHULKE v. GEMAR

No. 93-171.

870 P.2d 1378 (1994)

Daniel Ray SCHULKE, Plaintiff and Respondent, v. Dennis GEMAR, Defendant and Respondent, and Gerald E. Gonser a/k/a Jerry Gonser, Defendant and Appellant.

Supreme Court of Montana.

Decided March 22, 1994.

Attorney(s) appearing for the Case

Patrick F. Flaherty, Great Falls, for defendant and appellant.

Art Tadewaldt, Great Falls, for plaintiff and respondent Schulke.

Allin H. Cheetham, Fort Benton, for defendant and respondent Gemar.

TRIEWEILER, Justice.

Plaintiff Daniel Ray Schulke commenced this action in the District Court for the Eighth Judicial District in Cascade County to obtain legal title to a boat purchased from defendant Dennis Gemar. Gemar acquired possession of the boat as collateral for a loan to the other defendant, Gerald Gonser. The District Court awarded title to Schulke and attorney fees to Gemar. Gonser appeals.

We affirm in part and reverse in part.

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