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SECUR. ABSTRACT & TITLE CO. v. SMITH LIVESTOCK, INC.

No. 05-295.

146 P.3d 732 (2006)

2006 MT 265

334 Mont. 172

SECURITY ABSTRACT & TITLE COMPANY, Plaintiff, v. SMITH LIVESTOCK, INC., Defendant and Respondent, and VX Ranch, Inc., Defendant and Appellant.

Supreme Court of Montana.

Decided October 17, 2006.

Attorney(s) appearing for the Case

For Appellant: Kyle A. Gray, James L. Jones and Jason S. Ritchie, Holland & Hart, LLP, Billings, Montana.

For Respondent: A. Lance Tonn, Lucas and Tonn, Miles City, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 VX Ranch, Inc., appeals a judgment entered in the Sixteenth Judicial District Court, Custer County, in favor of Respondent Smith Livestock, Inc., ordering the Clerk of the District Court to pay Smith Livestock a $100,000.00 earnest money deposit interplead by Security Abstract and Title Co., and awarding attorney fees and costs to Security Abstract and Smith Livestock.

¶ 2 This dispute arises...

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