BUTLER v. COLWELL

No. 98-169.

967 P.2d 779 (1998)

1998 MT 241

Dale Eugene BUTLER, Petitioner and Respondent, v. Gina Kay COLWELL and Cynthia Rae Buck, Respondents and Appellants.

Supreme Court of Montana.

Decided October 15, 1998.

Rehearing Denied November 24, 1998.


Attorney(s) appearing for the Case

Donald E. "Gene" Hedman; Hedman, Hileman & Lacosta; Whitefish, for Appellants.

Marshall Murray, Kalispell, Lewis K. Smith, III, Helena, Scott Wurster, Kalispell, for Respondent Butler.

Vivian Hammill, Department of Administration, Helena, for Teachers' Retirement System.


REGNIER, Justice.

¶ 1 Dale Eugene Butler brought this action before Judge Ted O. Lympus in the District Court for the Eleventh Judicial District in Flathead County to set aside the default judgment entered by Judge Katherine R. Curtis, also of the District Court for the Eleventh Judicial District, in an action brought against him by Gina Kay Colwell and Cynthia Rae Buck for conversion of trust funds. Although Judge Curtis...

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