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ASHFORD BANK v. CAPITAL PRESERVATION FUND, INC.

Nos. CV-80-49-GF, CV-80-128-GF.

544 F.Supp. 26 (1982)

The ASHFORD BANK, Plaintiff, v. CAPITAL PRESERVATION FUND, INC. and the First National Bank of Great Falls, Montana, Defendants. John M. BENNETT, Plaintiff, v. CAPITAL PRESERVATION FUND, INC. and the First National Bank of Great Falls, Montana, Defendants.

United States District Court, D. Montana, Great Falls Division.

July 1, 1982.

Attorney(s) appearing for the Case

Edward C. Alexander, Alexander & Baucus, Great Falls, Mont., Butler, Binion, Rice, Cook & Knapp, Houston, Tex., for plaintiff Ashford Bank.

Robert M. Kampfer, Great Falls, Mont., for plaintiff John Bennett.

Robert J. Vermillion, Swanberg, Koby, Swanberg & Matteucci, Great Falls, Mont., for defendant Capital Preservation Fund, Inc.

James E. Aiken, Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for defendant First Nat. Bank.

MEMORANDUM OPINION AND ORDER

HATFIELD, District Judge.

Defendant in the above-captioned consolidated cases, First National Bank of Great Falls, Montana, has filed a motion for summary judgment in both actions pursuant to Rule 56 of the Federal Rules of Civil Procedure.

The issues raised by the motions filed in the respective actions, having been briefed by the parties, are now ripe for disposition.

FACTUAL BACKGROUND

The above-captioned...

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