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STATE, EX REL. DEPT. OF TRAN. v. AMER. BANK

No. DA 06-0733.

195 P.3d 844 (2008)

2008 MT 362

The STATE of Montana, acting by and through the MONTANA DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellant, v. AMERICAN BANK OF MONTANA, a Montana corporation, Defendant and Appellee.

Supreme Court of Montana.

Decided October 29, 2008.

Attorney(s) appearing for the Case

For Appellant: Edward G. Beaudette, Lyle Manley, Timothy W. Reardon; Montana Department of Transportation, Helena, Montana.

For Appellee: A. Clifford Edwards, Triel D. Culver; Edwards, Frickle, Anner-Hughes & Culver, Billings, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 The State of Montana, acting by and through the Montana Department of Transportation (MDOT), appeals from the post-judgment order entered by the Eleventh Judicial District Court, Flathead County, awarding American Bank of Montana (American Bank) $116,739.53 in "necessary expenses of litigation," including attorney fees. We reverse and remand.

¶ 2 The restated issue on appeal is whether...

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