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BECKY v. NORWEST BANK DILLON, N.A.

No. 89-583.

798 P.2d 1011 (1990)

Raymond G. BECKY and Margaret K. Becky, husband and wife, individually; and David Glaus and Ramona Glaus, husband and wife; and Warren G. Glaus and Rosamond F. Glaus, husband and wife; individually and d/b/a/ 76 RANCHES, an Idaho partnership, Plaintiffs and Appellants, v. The NORWEST BANK DILLON, N.A., formerly the First Northwestern National Bank of Dillon, Robert Mountain and Ronald Johnson, individually and in their capacities as agents or officers of Northwest Bank Dillon, N.A., Defendants and Respondents.

Supreme Court of Montana.

Decided September 20, 1990.

Attorney(s) appearing for the Case

James E. Purcell, Henningsen, Purcell, Vucurovich & Richardson, P.C., Butte, Phillip D. Tawney, Mullendore and Tawney, Missoula, and Peter M. Meloy, Meloy Law Firm, Helena, for plaintiffs-appellants.

Donald C. Robinson, Poore, Roth & Robinson, Butte, for Norwest Bank Dillon.

Gregory C. Black, Corette, Smith, Pohlman & Allen, Butte, for Mountain and Johnson.

HUNT, Justice.

Plaintiffs and appellants, Raymond and Margaret Becky, David and Ramona Glaus, and Warren and Rosamond Glaus, partners in the 76 Ranches, appeal from an order of the Fifth Judicial District Court, Beaverhead County, dismissing their claims against defendants, Norwest Bank Dillon, Robert Mountain and Ronald Johnson. We reverse.

The sole issue raised on appeal is whether the District Court abused its discretion by dismissing plaintiffs' lawsuit...

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