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AUGUSTA APARTMENTS, LLC v. LANDAU BUILDING COMPANY

No. 11-0438.

Augusta Apartments, LLC, Defendant Below, Petitioner, v. Landau Building Company, Plaintiff Below, Respondent. Laurita Excavating Inc., Defendant Below, Respondent and National City Bank, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed October 21, 2011.

MEMORANDUM DECISION

Petitioner Augusta Apartments, LLC ("Augusta") appeals the circuit court's entry of judgment in favor of Respondents Landau Building Company ("Landau") and Laurita Excavating Inc. ("Laurita") against Augusta, following a bench trial in this mechanic's lien enforcement suit. The circuit court held that the deed of trust of Augusta's lender, National City Bank ("National City"), is junior in priority to the mechanic's liens of Landau and Laurita...

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