WALDHER v. F.D.I.C.

No. 96-461.

935 P.2d 1101 (1997)

Kevin L. WALDHER, Plaintiff and Respondent, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Bank of Columbia Falls, Jette Ranch, Inc., Sogelease Corporation, 5 P's Collections, Inc. d/b/a Intermountain Collections, Michael Leahy, and their assigns or successors in interest, and all persons unknown who claim any right, title, estate or interest in or lien or encumbrance upon the real property described in the Complaint, or any part thereof, adverse to Plaintiff's ownership or any claim upon Plaintiff's title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of elective share, inchoate or accrued, Defendants and Appellants.

Supreme Court of Montana.

Decided March 18, 1997.


Attorney(s) appearing for the Case

Ward E. Taleff; Alexander, Baucus, Taleff & Paul, Great Falls, for Defendants and Appellants.

Matthew H. O'Neil; French, Mercer, Grainey & O'Neil, Polson, for Plaintiff and Respondent.


TRIEWEILER, Justice.

Kevin L. Waldher's predecessor in interest filed a quiet title action in the District Court for the Twentieth Judicial District in Lake County, and served defendant Federal Deposit Insurance Corporation (FDIC) with a summons and complaint. The District Court entered FDIC's default based on FDIC's failure to file an answer to the complaint. FDIC moved the District Court to set aside the entry of default. The District Court denied FDIC's motion...

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