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BOYCE v. KNUDSON

No. 47,891

219 Kan. 357 (1976)

548 P.2d 712

KENNETH BOYCE, Appellee, v. VIRGIL D. KNUDSON and EILEEN KNUDSON, Appellees, (HIGHLAND LUMBER COMPANY, INC. and MEYER LUMBER & HARDWARE COMPANY, INC., Appellants), consolidated with TRI-STATE CONCRETE, INC., Appellee, v. KENNETH BOYCE, Appellee.

Supreme Court of Kansas.

Opinion filed April 10, 1976.

Attorney(s) appearing for the Case

Robert A. Reeder, of Troy, argued the cause, and was on the brief for the appellants.

Harry E. Miller, of Finley, Miller, Cashman, of Hiawatha, argued the cause, and was on the brief for the appellees Virgil D. Knudson and Eileen Knudson.

Robert L. Gernon, of Gernon & Gernon, of Hiawatha, argued the cause, and was on the brief for the appellee Tri-State Concrete, Inc.

The opinion of the court was delivered by

SCHROEDER, J.:

This action was initiated by a builder to foreclose a lien. Proceedings after trial of the foreclosure action involve motions for implementation of the judgment by lien creditors, who were never parties to the action, because of certain provisions in the judgment for their benefit. Appeal has been perfected by these non-party lien creditors from an order of...

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