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PIC CONST. CO., INC. v. FIRST U. NAT. BANK, ETC.

Record No. 761353.

241 S.E.2d 804 (1978)

PIC CONSTRUCTION COMPANY, INC., etc. v. FIRST UNION NATIONAL BANK OF NORTH CAROLINA et al.

Supreme Court of Virginia.

March 3, 1978.

Attorney(s) appearing for the Case

Daniel M. O'Connell, Jr., Warrenton (O'Connell & Mayhugh, P. C., Warrenton, on briefs), for appellant.

Edward D. McGuire, Jr., Alexandria (William F. Patten, Wilkes & Artis, Washington, D. C., on brief), for appellee.

No brief for David W. Kelsey and Laura S. Kelsey, appellees.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN and COMPTON, JJ.

COMPTON, Justice.

This is the second decision on the subject of creditors' rights and mechanics' liens announced by us today. In the first, Loyola Federal Savings and Loan Association v. Herndon Lumber & Millwork, Inc., 218 Va. ____, ____ S.E.2d ____ (1978), we decided an issue common to both cases. There, we ruled that a trustee in a deed of trust was not an "owner", within the meaning of Code § 43-4, and that the failure to name such trustee in a...

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