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SAMETT v. WHELAN

No. 19159.

362 P.2d 559 (1961)

Bennie SAMETT and The Zenith Packing Company, a Colorado corporation, Plaintiffs in Error, v. Frank C. WHELAN, doing business as Whelan Heating and Engineering Co., Defendant in Error.

Supreme Court of Colorado. En Banc.

June 5, 1961.

Attorney(s) appearing for the Case

Irving I. Oxman, George K. Thomas, Denver, for plaintiffs in error.

Gaunt, Byrne & Dirrim, Brighton, for defendant in error.

FRANTZ, Justice.

Samett was the owner of the property upon which Whelan was successful in establishing and having ordered foreclosed a mechanic's lien. Zenith Packing Company, a corporation, leased the premises from Samett and operated therein a meat packing plant. At the times here in question, Samett was the president and manager of Zenith.

One Lieberman, under an arrangement with Samett and Zenith, installed a rendering plant in a structural addition to...

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