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VOLK v. GOESER

No. DA 14-0747.

367 P.3d 378 (2016)

2016 MT 61

Pamela Dee VOLK, individually and in her capacity as Conservator for RBV, a minor child, Plaintiff and Appellant, v. Valerie GOESER; Roy Donald Volk, Diane Nilson Volk and Saraya Roberson, as Co-Personal Representatives of the Estate of Roy Craig Volk, and Does 1 through 10, Defendants and Appellees, v. Saraya Roberson, Defendant and Appellant.

Supreme Court of Montana.

Decided March 8, 2016.

Attorney(s) appearing for the Case

For Appellant Pamela Dee Volk: Jason T. Holden , Dana A. Henkel , Faure Holden Attorneys at Law, P.C., Great Falls, Montana.

For Appellee Valerie Goeser: Roberta Anner-Hughes , Anner-Hughes Law Firm; Billings, Montana.

For Appellee and Cross-Appellant Saraya Roberson: Gregory J. Hatley , James A. Donahue , Derek J. Oestreicher , Davis, Hatley, Haffeman & Tighe, P.C.; Great Falls, Montana.

¶ 1 Pamela Dee Volk appeals from the Summary Judgment Order of the Montana Eighth Judicial District Court granting summary judgment for Valerie Goeser. The District Court determined that a constructive trust should not be imposed on $2,306,103.13 of Roy Volk's life insurance proceeds...

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