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

MEMORANDUM* 

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.

REVERSED and REMANDED.


 *

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