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No. 85-158
IN THE SUPREME COURT OF THE STATE OF MONTANA
1985

GENE G. IVERSON,

Plaintiff and Respondent,
FIRST BANK OF BILLINGS (formerly the Midland National. Bank of Billings, Montana),
Defendant, Third Party Plaintiff and Appellant,
MONTANA LIVESTOCK PRODUCTION CREDIT ASSOCIATION OF HELENA, MONTANA,
Third Party Defendant, Counter-Claimant and Respondent,
APPEAL FROM: District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Thomas McKittrick, Judge presiding.
COUNSEL OF RECORD:
For Appellant:
Moulton, Bellingham, Longo & Mather; Gerald B. Murphy argued, Billings, Montana
For Respondent :
Alexander & Baucus; John D. Alexander argued for Iverson, Great Falls, Montana Luxan & Murfitt; Walter S. Murfitt argued for Montana Livestock, Helena, Montana
Submitted: October 22, 1985
Decided: December 31, 1985 Mr. Justice John Conway Harrison delivered the Opinion of the Court.
In the action below, plaintiff Gene Iverson
[hereinafter Iverson) filed a complaint against two defendants, Howard Nuernberger (hereinafter Nuernberg~r) and First Bank Billings (hereinafter First Bank). In count I of his complaint, Iverson alleged that Nuernberger was liable to him for the face amount of a dishonored check issued by Nuernberger to Iverson. In count I1 of his complaint, Iverson alleged that First Bank was also liable to him for the face amount of the dishonored Nuernberger check because First Bank had violated S 30-4-302, MCA, (the midnight deadline rule) by failing to return the dishonored check in a timely manner after the subject check was presented to First Bank for collection. First Bank responded by denying liability and alleging that

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Montana Law