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BANK OF AMERICA, N.A. (USA) v. DAHLQUIST

No. DA 06-0165.

152 P.3d 718 (2007)

2007 MT 32

BANK OF AMERICA, N.A. (USA), Plaintiff and Respondent, v. Doc L. DAHLQUIST, Defendant and Appellant.

Supreme Court of Montana.

Decided February 7, 2007.

Attorney(s) appearing for the Case

For Appellant: William L. Managhan and Santana Kortum-Managhan, Managhan & Kortum-Managhan Law Firm PLLC, Kalispell, Montana.

For Respondent: Bruce M. Spencer, Smith Law Firm, P.C., Helena, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Plaintiff Bank of America (BOA) sued Doc Dahlquist, alleging he owed $9,618.62 in credit card debt. Dahlquist filed a motion to dismiss for failure to state a claim, alleging the action was subject to an arbitration award. He also filed a motion to confirm the arbitration award. The District Court first denied the motion to dismiss because the motion lacked a brief. The court later denied the...

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