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SHULL v. FIRST INTERSTATE BANK

No. 93-549.

864 P.2d 1268 (1993)

William G. SHULL, d/b/a GAMO, Plaintiff and Appellant, v. FIRST INTERSTATE BANK OF GREAT FALLS, a corporation; Zycom, Inc.; Capital Development Company; North Central Gaming Co., a Montana corporation; and Thomas C. Habets, Defendants and Respondents.

Supreme Court of Montana.

Dated December 9, 1993.

Attorney(s) appearing for the Case

Joe Bottomly and Anne Biby, Bottomly Law Offices, Kalispell.

For Defendants and Respondents: Robert J. Emmons, Emmons & Sullivan, Great Falls (for Zycom and Capital Development Co.); L.D. Nybo, Conklin, Nybo & LeVeque, Great Falls (for 1st Interstate Bank of Great Falls); and Gary Deschenes, Great Falls.

OPINION AND ORDER

Defendants/Respondents Zycom, Inc. and Capital Development Company (collectively Zycom) have filed a motion to dismiss the September 21, 1993, notice of appeal filed by Plaintiff/Appellant William G. Shull d/b/a GAMO (Shull) and for attorney's fees in bringing this motion. Shull opposes the motion to dismiss his first notice of appeal. The procedural facts before us, together with the interplay between the Montana Rules of Civil Procedure and the...

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