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LARSON CEMENT STONE CO. v. REDLIM REALTY COMPANY

No. 35918.

137 N.W.2d 241 (1965)

179 Neb. 134

LARSON CEMENT STONE CO., a corporation, Appellant, v. REDLIM REALTY COMPANY et al., Appellees, Impleaded with Joyce Lumber Company et al., Appellants, Impleaded with Enterprise Electric Company et al., Appellees, Standard Iron Works, Inc., Intervenor-Appellee.

Supreme Court of Nebraska.

October 8, 1965.

Attorney(s) appearing for the Case

McGrath, North & Macnamara, Omaha, for appellant.

John E. Dean, Lincoln, John W. Delehant, Crawford, Garvey, Comstock & Nye, Boyle & Hetzner, Marks, Clare, Hopkins & Rauth, Collins & Collins, Louis T. Carnazzo, Omaha, for appellees.

Heard before WHITE, C. J., CARTER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and WESTERMARK, District Judge.

WESTERMARK, District Judge.

This is a foreclosure action in which the principal question is whether or not material and labor liens are entitled to priority over a renewal mortgage. The original or senior mortgage as well as the subsequent mortgage were given to secure advances to be made by the mortgagee during the progress of the construction of four apartment buildings in Omaha, Nebraska.

The district court held that the subsequent mortgage related back...

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