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CARBON COUNTY v. DAIN BOSWORTH, INC.

No. 93-145.

874 P.2d 718 (1994)

CARBON COUNTY, Plaintiff and Respondent, v. DAIN BOSWORTH, INCORPORATED, a Delaware Corporation, et al., and D.A. Davidson & Co., Karen T. Doolen and Frank and Margo Kelley, as representatives of the Bondholder Class, Defendants and Appellants, v. CARBON COUNTY, Plaintiff and Respondent, and Don Taylor, Mona L. Nutting and John Prinkki, Respondents and Respondents.

Supreme Court of Montana.

Decided May 16, 1994.

Attorney(s) appearing for the Case

Keith Strong (argued) and Bruce A. MacKenzie (argued), Dorsey & Whitney, Great Falls; and James H. Goetz (argued), Bozeman, for the Underwriters.

Robert M. Murdo (argued), Jackson, Murdo, Grant & McFarland, Helena for the Bondholder Class.

Ward Swanser (argued) and T. Thomas Singer (argued), Moulton, Bellingham, Longo & Mather, Billings; and Anthony Kendall, Carbon County Attorney, Red Lodge, for respondent Carbon County.

HUNT, Justice.

Appellants appeal from an order of the First Judicial District Court, Lewis and Clark County, denying their motion for summary judgment and granting summary judgment to plaintiff Carbon County, finding that the County has no further obligation to make loans from the revolving fund to the rural special improvement district (RSID) fund when the RSID assessments are insufficient to pay the RSID bonds. Respondents are the present Carbon County Commissioners...

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