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SANDUSKY FOUNDRY AND MACHINE CO. v. CITY OF WICKLIFFE

No. 73-1104.

483 F.2d 695 (1973)

SANDUSKY FOUNDRY AND MACHINE COMPANY, Plaintiff-Appellee, v. CITY OF WICKLIFFE et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 24, 1973.

Attorney(s) appearing for the Case

James W. McDonnell, Jr., Memphis, Tenn., for defendants-appellants; Canada, Russell & Turner, Memphis, Tenn., and Wheeler & Boaz, Paducah, Ky., on brief.

Edgar A. Zingman and A. Wallace Grafton, Jr., Wyatt, Grafton & Sloss, Louisville, Ky., William L. Shadoan, Wickliffe, Ky., Taft, Stettinius & Hollister, Cincinnati, Ohio, for plaintiff-appellee.

Before PHILLIPS, Chief Judge, EDWARDS, Circuit Judge, and NEESE, District Judge.

NEESE, District Judge.

This action for the enforcement, under Kentucky law, of a claimed materialman's lien, resulted in a judgment for the appellee Sandusky Foundry and Machine Company (Sandusky) against the appellants City of Wickliffe (City) and Westvaco Corporation (Westvaco) for $130,054 with interest from December 12, 1969. An appeal was taken by the appellants. We affirm.

The simplified facts are that Sandusky contracted with Rice Barton Corporation...

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