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HOLTZEN v. DUNN

No. 39,106

176 Kan. 206 (1954)

269 P.2d 1042

ED HOLTZEN, doing business as ED HOLTZEN WOODWORK COMPANY, Appellee, v. RALPH J. DUNN and ALMA B. DUNN, Appellants, and CHARLES W. CALLISON, THE GEORGE W. ULTCH LUMBER COMPANY, doing business as STOCK YARDS CASH AND CARRY LUMBER COMPANY, STOCK YARDS CASH AND CARRY LUMBER COMPANY, Appellees, and ALLENS, INC., et al., Defendants.

Supreme Court of Kansas.

Opinion filed May 8, 1954.

Attorney(s) appearing for the Case

Joe T. Rogers, of Wichita, argued the cause, and Roy L. Rogers, of Wichita, was with him on the brief for the appellants.

O.W. Helsel, of Wichita, argued the cause, and J. Roderick Mayall, and Robert C. Helsel, both of Wichita, were with him on the brief for appellee Ed Holtzen.

Wilbur H. Jones, of Wichita, argued the cause, and Orval L. Fisher, of Wichita, was with him on the brief for appellee The George W. Ultch Lumber Company.

Roy H. Wasson, of Wichita, argued the cause for appellee Charles W. Callison.

The opinion of the court was delivered by

THIELE, J.:

This was an action brought by the plaintiff to foreclose a subcontractor's mechanic's lien against real estate owned by the defendants Dunn. Certain defendants filed cross-petitions seeking foreclosure of their subcontractor's mechanic's liens. From a judgment foreclosing the liens of the plaintiff and two of the defendants later mentioned the defendants Dunn appeal.

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