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RUBY v. WELLS FARGO DELAWARE TRUST CO.

No. DA 13-0251.

317 P.3d 174 (2014)

2014 MT 16

RUBY VALLEY NATIONAL BANK, Plaintiff and Appellee, v. WELLS FARGO DELAWARE TRUST COMPANY, N.A.; Vericrest Financial, Inc., Defendants and Appellants.

Supreme Court of Montana.

Decided January 21, 2014.

Attorney(s) appearing for the Case

Cassie R. Dellwo , Jason J. Henderson ; Mackoff Kellogg Law Firm; Dickinson, North Dakota, for Appellants.

Andrew P. Suenram , Adam M. Shaw ; Erb & Suenram, PLLC; Dillon, Montana, for Appellee.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Wells Fargo Delaware Trust Co. (Wells Fargo) appeals from the order of the Fifth Judicial District Court, Madison County, denying its motion for summary judgment and granting summary judgment to Ruby Valley National Bank (RVNB). Wells Fargo and RVNB both claim beneficiary interests under separate trust indentures on the same real property. RVNB obtained and recorded...

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