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SPIELMAN-FOND, INC. v. HANSON'S, INC.

Civ. No. 72-417 Phx WEC.

379 F.Supp. 997 (1973)

SPIELMAN-FOND, INC., a California corporation, et al., Plaintiffs, v. HANSON'S, INC., an Arizona corporation, et al., Defendants.

United States District Court, D. Arizona.

As Amended December 17, 1973.

Attorney(s) appearing for the Case

John C. Hover, Phoenix, Ariz., for plaintiffs.

Jennings, Strouss & Salmon, Phoenix, Ariz., for Hanson's Inc., Hanson's Waterworks Supply Co. of Ariz., Hanson's Pipe & Supply Co., and Yanke Plumbing & Heating.

William J. Carter, III, Phoenix, Ariz., for Wilson D. Palmer, Paul Marston & John Mummert.

Gary K. Nelson, Atty. Gen., State of Arizona, Phoenix, Ariz., for defendants.

Before WALLACE, Circuit Judge, and CRAIG and MUECKE, District Judges.

OPINION AND JUDGMENT

PER CURIAM.

The sole issue presented in this action is whether the Arizona statutes relating to mechanics' and materialmen's liens, A.R.S. § 33-981 et seq., are in violation of the due process clause of the Fourteenth Amendment to the Constitution of the United States.

Defendants Yanke and Hanson's companies furnished labor and materials to plaintiffs in connection with the development of plaintiffs' mobile home park. Claiming...

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