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LEWIS v. MIDWAY LBR., INC.

No. 2 CA-CIV 2141.

114 Ariz. 426 (1977)

561 P.2d 750

Donald P. LEWIS and Eleanor A. Lewis, husband and wife, First State Service Corporation, Trustee, and Tucson Federal Savings and Loan Association, a corporation, Appellants, v. MIDWAY LUMBER, INC., an Arizona Corporation, John Klassen and Company, a corporation, D & N Construction Company, a corporation, A.L. McCune Drywall Co., Inc., a corporation, and Preston's Insulation and Roofing Service of Tucson, Inc., an Arizona Corporation, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 8, 1977.

Review Denied March 8, 1977.

Attorney(s) appearing for the Case

Robertson, Molloy, Fickett & Jones, P.C. by Russell E. Jones, Tucson, for appellants.

Charles F. Sullivan, Tucson, for appellees Midway Lumber, Inc., John Klassen and Co., and D & N Construction Co.

Law Offices of Charles J. Rondelli by Michael Hornisher, Tucson, for appellee A.L. McCune Drywall Co., Inc.

Vincent E. Odgers, Tucson, for appellee Preston's Insulation and Roofing Service of Tucson, Inc.

OPINION

HOWARD, Chief Judge.

This is an action to foreclose materialmen's and mechanics' liens and the only question is whether the liens were perfected within the time and in the manner provided by the statutes. The case was tried to the court sitting without a jury which made findings of fact and conclusions of law and rendered a judgment providing that the deed of trust of First State and Tucson Federal had priority as a lien on the subject property to...

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