FISHER v. FIRST CITIZENS BANK

No. 99-320.

14 P.3d 1228 (2000)

2000 MT 314

Harry FISHER, Plaintiff and Appellant, v. FIRST CITIZENS BANK; Jack W. Svendsen, individually and in his official capacity; James M. Ragain; Craig D. Martinson; and John Does 1 through 10, Defendants and Respondents.

Supreme Court of Montana.

Decided December 7, 2000.


Attorney(s) appearing for the Case

Geoffrey C. Angel, Angel Law Firm, Bozeman, MT, For Appellant.

Carey E. Matovich, Matovich & Keller, Billings, MT (First Citizens Bank and Svendsen); Calvin J. Stacey, Stacey & Walen, Billings, MT (Ragain and Martinson), For Respondents.


Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Montana's Thirteenth Judicial District Court, Yellowstone County, dismissed this action, finding that First Citizens Bank (the Bank), Bank Vice-President Jack W. Svendsen, and Harry Fisher's prior counsel, James Ragain and Craig Martinson, were all entitled to summary judgment as a matter of law. The court held that the Bank was alternately entitled to summary judgment because Harry Fisher had signed...

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