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CONFEDER. TRIBES OF GRAND RONDE v. QUANTUM FIVE, INC.

No. 02-433.

91 P.3d 1255 (2004)

2004 MT 140

The CONFEDERATED TRIBES OF the GRAND RONDE COMMUNITY OF OREGON, Plaintiff and Respondent, v. QUANTUM FIVE, INC., a Montana corporation; Delayed Exchange Corporation, a Washington corporation; Ink Investment, LLC; Raymond G. Gehlen, Jr.; Jacobson Drilling Inc.; Bernard Patrick, Defendants and Appellants.

Supreme Court of Montana.

Decided June 7, 2004.

Attorney(s) appearing for the Case

For Appellants: Shawn M. Glen, Deschenes Law Office, Great Falls, Montana.

For Respondent: Stephen R. Brown, Garlington, Lohn & Robinson, PLLP, Missoula, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Quantum Five (Quantum) defaulted on a loan resulting in the lender foreclosing against it. Quantum claimed that the loan terms included a usurious interest rate. The Twelfth Judicial District Court, Hill County, agreed and imposed a usury penalty against the lender. Quantum appeals the District Court's calculation of the usury penalty from the date the note was executed until its maturity date...

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