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CARDINAL KITCHENS, INC. v. HOME SUPPLY COMPANY

467 S.W.2d 775 (1971)

CARDINAL KITCHENS, INC., Appellant, v. HOME SUPPLY COMPANY, Inc., Appellee. HOME SUPPLY COMPANY, Inc., Cross-Appellant, v. CARDINAL KITCHENS, INC., Cross-Appellee.

Court of Appeals of Kentucky.

June 4, 1971.

Attorney(s) appearing for the Case

Fred M. Goldberg, Louisville, for appellant and cross-appellee.

George B. Ryan, Robert L. Durning, Jr., Louisville, for appellee and cross-appellant.

ROBERT O. LUKOWSKY, Special Commissioner.

This appeal and cross-appeal arise out of matters ancillary to the foreclosure of a mortgage on Lot No. 1 of Oak Lawn Estates in Jefferson County. The precise problem presented is the relative priority of the second mortgage of the appellant and the materialman's lien of the appellee.

The chronology of events which gave rise to this problem is as follows:

October...

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