GALVANIZER'S CO. v. HIGHWAY COMM'N

Nos. 693-2; 694-2.

8 Wn. App. 804 (1973)

509 P.2d 73

GALVANIZER'S COMPANY, Respondent, v. THE STATE HIGHWAY COMMISSION et al., Appellants. GALVANIZER'S COMPANY, Respondent, v. THE STATE HIGHWAY COMMISSION et al., Appellants.

The Court of Appeals of Washington, Division Two.

April 19, 1973.


Attorney(s) appearing for the Case

James D. Horton (of Blair, Schaefer, Hutchison, Wynne, Potter & Horton) and Michael H. Schmeer (of Black, Kendall, Tremaine, Boothe & Higgins), for appellants.

John Hall (of Campbell & Hall), for respondent.


PETRIE, J.

The issue presented by this appeal is whether or not a lien claimant under the public works lien law. RCW 60.28, has lost his right to foreclose a statutory lien by failing to serve his alleged debtor with summons and complaint for foreclosure of the lien within the statutory time period — 4 months — after having filed the notice of claim, so long as the public body which retained the liened funds...

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