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MATTINGLY v. FIRST BANK OF LINCOLN

No. 96-678.

947 P.2d 66 (1997)

Jack MATTINGLY, Plaintiff and Appellant, v. FIRST BANK OF LINCOLN, Gerry Malek, d/b/a Malek Realty; and August "Gus" Habets, Defendants and Respondents.

Supreme Court of Montana.

Decided October 28, 1997.

Attorney(s) appearing for the Case

David K.W. Wilson, Jr., and Jonathan Motl; Reynolds, Motl and Sherwood; Helena, for Plaintiff and Appellant.

Gary L. Davis, Luxan & Murfitt, Helena, for Respondent First Bank Lincoln.

REGNIER, Justice.

In July 1993, plaintiff and appellant Jack Mattingly filed an action in the District Court for the First Judicial District in Lewis and Clark County against First Bank of Lincoln, real estate agent Gerry Malek, and August Habets to recover damages incurred in connection with the 1987 purchase and sale of a service station located in Lincoln, Montana. Mattingly brought suit alleging that at the time he purchased the service station from Habets, the...

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