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H.E. SIMPSON LUMBER v. THREE RIVERS BANK

No. DA 12-0771.

311 P.3d 795 (2013)

2013 MT 312

H.E. SIMPSON LUMBER CO., Counter-Claimant, Appellant and Cross-Appellee, v. THREE RIVERS BANK OF MONTANA, Counter-Defendant, Appellee and Cross-Appellant.

Supreme Court of Montana.

Decided October 22, 2013.

Attorney(s) appearing for the Case

For Appellant: Quentin M. Rhoades , Alison Garab ; Sullivan, Tabaracci & Rhoades, P.C.; Missoula, Montana.

For Appellee: Charles E. Hansberry , Isaac M. Kantor ; Garlington, Lohn & Robinson, PLLP; Missoula, Montana.

Justice PATRICIA COTTER delivered the Opinion of the Court.

¶ 1 Three Rivers Bank (Bank) and H.E. Simpson Lumber (Simpson) both had business and financial relationships with North End Timber Production, L.L.C. (NET or the mill), a now-defunct sawmill in Olney, Montana, formerly owned and operated by John and Lee Alt. Approximately five years into its operation, NET experienced serious financial difficulties and defaulted on approximately $1,400,000 in loan obligations...

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