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FRONTIER PLUMBING AND HEATING CO. v. FITCH

No. 3840.

480 P.2d 398 (1971)

FRONTIER PLUMBING AND HEATING CO., Appellant (Plaintiff below), v. Mrs. E.E. FITCH, Appellee (Defendant below), Ed Poledna (Defendant below).

Supreme Court of Wyoming.

February 9, 1971.

Attorney(s) appearing for the Case

Walter C. Urbigkit, Jr., of McClintock, Mai & Urbigkit, Cheyenne, for appellant.

Alfred M. Pence, of Pence & Millett, Laramie, for appellee.

Before McINTYRE, C.J., and PARKER, McEWAN, and GRAY, JJ.

Chief Justice McINTYRE delivered the opinion of the court.

This case has to do with an action to foreclose a mechanic's lien. The question involved is whether plaintiff had timely filed its claim of lien, as required by § 29-11, W.S. 1957, C. 1967 — in other words, within 90 days after the indebtedness accrued.

Frontier Plumbing and Heating Co., plaintiff, alleged in its complaint that Ed Poledna, as original...

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