Hern Farms, a Montana Corporation, Plaintiff-appellant, v. the Mutual Benefit Life Insurance Company, a New Jerseycorporation, Defendant-appellee, 108 F.3d 337 (9th Cir. 1997)

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US Court of Appeals for the Ninth Circuit - 108 F.3d 337 (9th Cir. 1997) Argued and Submitted June 4, 1996. Submission Vacated June 18, 1996. Resubmitted Feb. 10, 1997. Decided Feb. 13, 1997

Before: BROWNING, WRIGHT, and T.G. NELSON, Circuit Judges


For the reasons stated in Hern Farms, Inc. v. Mutual Benefit Life Ins. Co., No. 96-405, slip. op. (Mont. Dec. 31, 1996), the district court erred in holding that Mutual Benefit Life Insurance Co. complied with Mont.Code Ann. § 25-13-902 and entering summary judgment for it.



This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3