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RACKERS AND BACLESSE, INC. v. KINSTLER

No. KCD26167.

497 S.W.2d 549 (1973)

RACKERS AND BACLESSE, INC., a corporation, Appellant, v. John F. KINSTLER et al., Respondents.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied July 23, 1973.

Attorney(s) appearing for the Case

John L. Hearne, Russell T. Keyes, Keyes & Hearne, Jefferson City, for appellant.

John W. Inglish, Carson, Inglish, Monaco & Coil, Jefferson City, for respondents.

Before SWOFFORD, P. J., SHANGLER, C. J., WASSERSTROM, J., and FRED E. SCHOENLAUB, Special Judge.

FRED E. SCHOENLAUB, Special Judge.

This action was brought by appellant to establish and enforce a mechanic's lien in the sum of $13,035.94 for material used in the construction of a dwelling for John F. Kinstler and Gretta E. Kinstler. The case was tried to the court without a jury. After trial but before judgment, John F. Kinstler died. Judgment was entered in favor of appellant and against respondent Gretta E. Kinstler in the sum of $6,323.11, which was also declared...

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