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HERN FARMS v. MUTUAL BENEFIT LIFE INS.

No. 96-405.

930 P.2d 84 (1996)

HERN FARMS, INC., a Montana Corporation, Plaintiff and Appellant, v. The MUTUAL BENEFIT LIFE INSURANCE COMPANY, a New Jersey Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided December 31, 1996.

Attorney(s) appearing for the Case

Thomas M. Welsch; Poore, Roth & Robinson, Butte, Urban L. Roth, Attorney at Law, Polson, Montana, for Appellant.

Dirk A. Williams; Church, Harris, Johnson & Williams, Missoula, Robert J. Phillips; Phillips & Boyer, Missoula, for Respondent.

LEAPHART, Justice.

The United States Court of Appeals for the Ninth Circuit, has certified to this Court the following two questions:

1. Under § 25-13-902(2), MCA (no longer effective after June 30, 1996), is a seller of foreclosed agricultural land required to offer the land to the immediately preceding owner under the same terms and conditions contained in a third party offer the seller finds acceptable?

2. Under § 25-13-902(2), MCA (no...

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