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WOMBOLD v. ASSOC. FINANCIAL SERVICES CO.

No. 03-808.

104 P.3d 1080 (2004)

2004 MT 397

325 Mont. 290

James R. and Elizabeth Ann WOMBOLD, Plaintiffs, Respondents, and Cross-Appellants, v. ASSOCIATES FINANCIAL SERVICES COMPANY OF MONTANA, INC., William Nolan, Defendants, Appellants and Cross-Respondents.

Supreme Court of Montana.

Submitted August 31, 2004.

Decided December 30, 2004.

Rehearing Denied February 2, 2005.

Attorney(s) appearing for the Case

For Appellants: Neil Ugrin (argued), Mark Higgins and Cathy Lewis, Ugrin, Alexander, Zadick and Higgins, Great Falls, Montana, Jan Chilton, John Sullivan, Severson & Werson, San Francisco, California.

For Respondents: Thomas E. Boland (argued), Jeremiah C. Lynch (argued), Great Falls, Montana.

For Amicus Curiae AARP: Mary Helen McNeal, Missoula, Montana.

For Amicus Curiae Montana Consumer Finance Association: Jerome T. Loendorf, Helena, Montana.

For Amicus Curiae Attorney General: Mike McGrath, Attorney General; Candace F. West, Assistant Attorney General, Helena, Montana.

For Amicus Curiae American Financial Services: Joseph Mazurek and Michael Green, Crowley Haughey Hanson Toole & Dietrich, Helena, Montana, Mary Scrim Dyre, Crowley Haughey Hanson Toole & Dietrich, Billings, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Respondents James R. and Elizabeth Ann Wombold ("Wombolds") initiated this action against Appellant Associates Financial Services Company of Montana, Inc., ("Associates") alleging Associates, a licensed lender under the Montana Consumer Loan Act ("CLA"), utilized illegal lending practices in violation of the CLA in its real estates secured loans to Wombolds. This suit has now been certified as a class...

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