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R. L. SWEET LUMBER COMPANY v. E. L. LANE, INC.

No. 58576.

513 S.W.2d 365 (1974)

R. L. SWEET LUMBER COMPANY et al., Plaintiffs, v. E. L. LANE, INC., et al., Defendants, Grandview Products Company, Inc., et al., Defendants-Appellants, I-70 Investment Limited et al., Defendants-Respondents.

Supreme Court of Missouri, En Banc.

September 9, 1974.

Attorney(s) appearing for the Case

William E. Simmons, George T. O'Laughlin, P. C., Kansas City, for appellants.

Thomas M. Sullivan, Edward L. Fitzgerald, Downey, Sullivan & Fitzgerald, Galen P. Knowlton, Knowlton & Drape, Kansas City, for respondents.

HOLMAN, Judge.

In this equitable mechanics lien suit the trial court held that the sub-contractor lien claimants were not entitled to a lien for the sole reason that they had failed to give ten days notice to the mortgagees and the title company (which claimed a security interest) before the filing of their lien statement. The lien claimants duly appealed and the Kansas City District of the Court of Appeals adopted an opinion written by Pritchard, P. J., which reversed...

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