GARDNER, Chief Judge.
This appeal is from an order awarding appellee, Kern-Limerick, Inc., a mechanic's lien on the property of a bankrupt prior and superior to the mortgage lien of the Appellant, Reconstruction Finance Corporation. The basic facts are not in dispute.
One Fred Shores at the times involved in this controversy was engaged in the business of heavy earth excavations. In August, 1945, he obtained a contract to strip and mine an extensive area near...
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