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RAYMOND INTERN., INC. v. REALBANC, INC.

No. 41170.

260 N.W.2d 484 (1977)

199 Neb. 607

RAYMOND INTERNATIONAL, INC., Appellant, v. REALBANC, INC., a Nebraska Corporation, OCC, Inc., a Texas Corporation, and Heitman Mortgage Investors, an Illinois Real Estate Investment Trust, Appellees.

Supreme Court of Nebraska.

December 21, 1977.

Attorney(s) appearing for the Case

Michael J. Dugan and Martin W. Penkwitz of Costello & Dugan, Omaha, for appellant.

Renne Edmunds of Knowles & Edmunds, Omaha, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.

SPENCER, Justice.

This is an action brought by a contractor to establish the priority of and to foreclose a mechanic's lien. The appellant, hereinafter referred to as Raymond, seeks to establish its mechanic's lien as prior to construction loan mortgages. If not, Raymond claims the lien is prior to advances made by the mortgagee after notice of its filing. The trial court determined the amount of the lien but subordinated it to advances made by appellees-mortgagees...

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