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AVANTA FEDERAL CREDIT UNION v. SHUPAK

No. DA 08-0220.

223 P.3d 863 (2009)

2009 MT 458

354 Mont. 372

AVANTA FEDERAL CREDIT UNION, Plaintiff and Appellant, v. Steve SHUPAK, Defendant, Appellee and Cross-Appellant.

Supreme Court of Montana.

Decided December 31, 2009.

Attorney(s) appearing for the Case

For Appellant: James A. Patten; Patten, Peterman, Bekkedahl & Green, P.L.L.C.; Billings, Montana.

For Appellee: Steven Reida; Landoe, Brown, Planalp & Reida, P.C.; Bozeman, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Avanta Federal Credit Union (Avanta) brought suit in the Thirteenth Judicial District Court, Yellowstone County, against Steve Shupak to recover the money it provisionally provided to Shupak when he cashed a fraudulent check from a German scam artist. Avanta also sought enforcement of rights under contracts entered with Shupak, including repossession of Shupak's vehicles to pay off the debt, repossession...

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