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COVENANT INVESTMENTS, INC. v. FIRST SECURITY BANK

No. DA 13-0502.

317 P.3d 197 (2014)

2014 MT 14

COVENANT INVESTMENTS, INC., Plaintiff and Appellant, v. FIRST SECURITY BANK, Defendant and Appellee.

Supreme Court of Montana.

Decided January 21, 2014.

Attorney(s) appearing for the Case

For Appellant: James A. Patten , Patricia D. Peterman ; Patten, Peterman, Bekkedahl & Green, PLLC; Billings, Montana.

For Appellee: Calvin L. Braaksma ; Braaksma & Miller, PLLC; Bozeman, Montana.

Justice PATRICIA COTTER delivered the Opinion of the Court.

¶ 1 Covenant Investments, Inc. appeals the Eighteenth Judicial District Court's dismissal of its complaint against First Security Bank (FSB) under M.R. Civ. P. 12(b)(6) (Rule 12(b)(6)). We affirm.

¶ 2 In February 2004, in preparation for an anticipated subdivision of property, R & D Holding,1 and FSB's predecessor-in-interest, 360 Ranch Corporation, entered...

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