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AMERICANA HOMES, INC. v. BROADMOOR CORPORATION

No. 11557.

455 P.2d 334 (1969)

AMERICANA HOMES, INC., a Montana Corporation, Plaintiff and Appellant, v. BROADMOOR CORPORATION, a montana Corporation; Security Trust & Savings Bank, a Banking Corporation; First Montana Title Co., of Billings, a corporation, Trustee; Ornamental Iron Shop; George's Electric Co.; Modern Kitchens, Inc.; Lavane Frank, d/b/a LaVane Frank Masonry; David C. Johnson; William C. Miller and Safeway Plumbing and Refrigeration; and Donald W. Majerus, Cross-Complainants and Respondents.

Supreme Court of Montana.

Decided June 6, 1969.

Attorney(s) appearing for the Case

Jones, Olsen & Christensen, Winn E. Dowlin, Jr. (argued), Billings, for appellant.

James, Crotty, Corontzos & Fopp, George R. Crotty, Jr. (argued), Great Falls, Craig Derry, Ira F. Beeler, Billings, for respondents.

BONNER, Justice.

The plaintiff herein, Americana Homes, Inc., a Montana corporation, instituted this action to foreclose an alleged mechanic's lien against certain real property situate in the Durland Heights subdivision in Yellowstone County, Montana. The district court in response to defendants' motion granted summary judgment under Rule 56(b), M.R.Civ.P. Plaintiffs now appeals from the judgment.

The alleged lien stated that labor and materials were furnished...

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