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OLBERDING CONST. CO., INC. v. RUDEN

No. 2-57009.

243 N.W.2d 872 (1976)

OLBERDING CONSTRUCTION COMPANY, INC., Appellee, v. Elmer RUDEN and Marie Ruden, Appellants.

Supreme Court of Iowa.

June 30, 1976.

Attorney(s) appearing for the Case

John D. Randall, Cedar Rapids, for appellants.

Moss & Heims and Marc W. Casey, Dyersville, for appellee.

Heard by REYNOLDSON, Acting C. J., and MASON, RAWLINGS, REES and HARRIS, JJ.

REES, Justice.

This is an appeal by defendants Elmer and Marie Ruden from a decree of the trial court foreclosing the plaintiff's mechanics' lien against their dwelling house and dismissing defendants' counterclaim. We modify the decree of the trial court and affirm the same as modified.

At all times material to the action defendants owned a home in Dyersville. Plaintiff Olberding Construction Company (hereinafter...

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