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FIRST BANK SYSTEM v. DISTRICT COURT

No. 89-257.

782 P.2d 1260 (1989)

STATE of Montana, ex rel., FIRST BANK SYSTEM, First Bank West Great Falls. and John Reichel, Relators. v. The DISTRICT COURT OF the EIGHTH JUDICIAL DISTRICT of the State of Montana. In and For the COUNTY OF CASCADE, the Honorable Nat Allen. Presiding Judge, and Robert M. Panich, Respondents.

Supreme Court of Montana.

Decided November 28, 1989.

Attorney(s) appearing for the Case

Stephen D. Bell & Keith Strong, Dorsey & Whitney, Billings, for relators.

Ralph L. Herriott, Billings, Walter M. Hennessey, Butte, William L. Baillie, Great Falls, Gene B. Daly, Helena, for respondents.

WEBER, Justice.

Relators First Bank System, First Bank West Great Falls, and John Reichel seek a writ of supervisory control from this Court following an order entered in the District Court for the Eighth Judicial District, Cascade County. In exercising our power of supervisory control, we vacate the lower court's order and remand for further proceedings.

The issues presented for our review are:

1. Did the District Court err in granting summary judgment...

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