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SCHWARTZ v. SHELBY CONSTRUCTION COMPANY

No. 47854.

338 S.W.2d 781 (1960)

Meyer SCHWARTZ, doing business as Meyer Schwartz Plumbing Company, Plaintiff-Appellant, v. SHELBY CONSTRUCTION COMPANY, Inc., a corporation and New York Life Insurance Company, a corporation, Defendants-Appellants, I. R. Goldberg Plumbing Supply Company, a corporation, Independent Plumbing & Heating Supply Company, a corporation, Fidelity and Deposit Company of Maryland, a corporation, and Dorothy E. Gildehaus, Administratrix of the Estate of M. F. Gildehaus, deceased, formerly doing business as M. F. Gildehaus Plumbing & Heating Company, Defendants-Respondents.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or to Transfer Denied October 10, 1960.

Attorney(s) appearing for the Case

Shifrin, Treiman, Agatstein & Schermer, St. Louis, for Meyer Schwartz.

R. H. McRoberts, St. Louis, A. H. Kerth, Clayton, for Shelby Const. Co., Inc., and New York Life Ins. Co., Bryan, Cave, McPheeters & McRoberts, St. Louis, Kerth, Thies & Schreiber, Clayton, of counsel.

Samuel H. Liberman, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, for I. R. Goldberg Plumbing Supply Co.

Oliver F. Erbs, Clayton, for Independent Plumbing & Heating Supply Co.

Herbert E. Barnard, Barnard & Timm, St. Louis, for Fidelity Deposit Co. of Maryland.

J. J. Brinkman, Richard M. Stout, St. Louis, for Gildehaus.

Motion for Rehearing or to Transfer to Court en Banc Denied October 10, 1960.

EAGER, Judge.

This action is an equitable mechanic's lien suit instituted initially by a subcontractor against the general contractor, the record owners, the holder of deeds of trust, other lien claimants, and certain unnecessary parties who were later dropped. Plaintiff sought recovery in quantum meruit of $205,274.18, with interest from...

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