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TUB-MASTER CORPORATION v. STATE SURETY CO.

No. 38841.

207 N.W.2d 520 (1973)

190 Neb. 266

TUB-MASTER CORPORATION, Appellant, v. STATE SURETY CO. et al., Appellees.

Supreme Court of Nebraska.

May 18, 1973.

Attorney(s) appearing for the Case

Shrout, Caporale, Krieger, Christian & Nestle, Omaha, for appellant.

John W. Delehant, Swarr, May, Smith & Andersen, Richard H. Hoch, Omaha, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.

SPENCER, Justice.

This appeal is from the sustaining of defendants' motion to dismiss plaintiff's petition for the foreclosure of a mechanic's lien. Plaintiff is the supplier of a supplier to a subcontractor. We affirm.

The defendant property owners contracted with Seldin Construction Company for the erection of an apartment complex. Seldin subcontracted with Swanson-Gentleman, Inc., for the installation of certain bathroom fixtures in said complex. Swanson...

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