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FIRST CITIZENS BANK v. SULLIVAN

No. DA 06-0719.

200 P.3d 39 (2008)

2008 MT 428

347 Mont. 452

FIRST CITIZENS BANK, Plaintiff and Appellant, v. Patrick J. SULLIVAN and Greg J. Eide, Defendants and Appellees.

Supreme Court of Montana.

Decided December 16, 2008.

As Amended on Rehearing January 13, 2009.

Attorney(s) appearing for the Case

For Appellant: Patrick T. Fleming, Fleming & O'Leary, PLLP, Butte, Montana.

For Appellee: Gregory C. Black, Sean E. Johnson, Corette Pohlman & Kebe, Butte, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 First Citizens Bank (the Bank) brought this action to recover a deficiency due on a loan to Glacier Apparel Company, Ltd. (Glacier Apparel), which Patrick J. Sullivan and Greg J. Eide had guaranteed. Sullivan and Eide denied liability and filed counterclaims, including claims that Eide's guaranty had been exonerated and he had suffered damages as a result of the Bank's refusal to release a second...

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