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TRAVELERS INSURANCE COMPANY v. HOLIDAY VILLAGE SHOPPING CTR.

No. 95-152.

931 P.2d 1292 (1996)

TRAVELERS INSURANCE COMPANY, a Connecticut Corporation, Plaintiff and Respondent, v. HOLIDAY VILLAGE SHOPPING CENTER LIMITED PARTNERSHIP, a Montana Limited Partnership; Six Sixty Seven, Inc.; Hill County, Montana; Robert L. Brown; Robert W. Rector; Richard F. Bohn; Jack Oliver; Clarke Streeper; and O.B.S. Partnership, Defendants and Appellants.

Supreme Court of Montana.

Submitted June 27, 1996.

Decided December 16, 1996.

As Corrected on Denial of Rehearing January 30, 1997.

Attorney(s) appearing for the Case

James H. Goetz (argued), Robert K. Baldwin (argued), Goetz, Madden & Dunn, Bozeman, Frank Altman, Daniel A. Boucher, Altman & Boucher, Havre, David G. Rice, Hill County Attorney, Havre, for Defendants and Appellants.

William A. Squires (argued), Randall C. Lester, Matteucci, Falcon, Squires & Lester, Great Falls, for Plaintiff and Respondent.

LEAPHART, Justice.

Appellants (collectively HVSC), appeal from the Amended Findings of Fact, Conclusions of Law, Judgment, and Decree of Foreclosure entered by the Twelfth Judicial District Court, Hill County, foreclosing their interest in the subject property and ordering a sheriff's sale. We reverse and remand.

We restate the issues raised by HVSC as follows:

1. Did the District Court err in determining that HVSC's interest in the subject property...

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