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PHEISTER v. OGDEN SMELTING & REFINING MILLS, INC.

No. 3018.

364 P.2d 1078 (1961)

E.L. PHEISTER, Appellant (Plaintiff below), v. OGDEN SMELTING & REFINING MILLS, INC., Leo T. Aimonette, d/b/a Big Basin Drilling Company, Union State Bank of Upton, Wyoming, Appellees (Defendants below).

Supreme Court of Wyoming.

September 26, 1961.

Attorney(s) appearing for the Case

Halsey, Whitley, Hollaway & Liamos, Newcastle, for appellant.

Ilsley & Lubnau, Gillette, for appellee Union State Bank of Upton.

No appearance for appellees, Ogden Smelting & Refining Mills, Inc., and Leo T. Aimonetto.

Before BLUME, C.J., and PARKER, HARNSBERGER and McINTYRE, JJ.

Mr. Chief Justice BLUME delivered the opinion of the court.

This case involves the question of priority between a mortgage lien and a lien for labor and material furnished for an oil and gas lease.

We shall state the facts as near as we can in chronological order. The mortgage referred to herein was executed on January 10, 1958. By that mortgage Leo T. Aimonetto and his wife mortgaged to the Union State Bank of Upton, Wyoming, hereafter mentioned as the bank...

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