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ROSE v. CARNEY'S LUMBER CO.

No. 1122.

565 S.W.2d 571 (1978)

Alvin C. ROSE et ux., Appellants, v. CARNEY'S LUMBER COMPANY, Appellee.

Court of Civil Appeals of Texas, Tyler.

April 20, 1978.

Attorney(s) appearing for the Case

Thad Floyd, Stripling & Sutton, Nacogdoches, for appellants.

Bill Pedersen, Jr., Rorie & Pedersen, Nacogdoches, for appellee.

DUNAGAN, Chief Justice.

This is a mechanic's and materialman's lien case. The case arose when the plaintiff, Carney's Lumber Company, filed suit against Alvin C. Rose and wife, Judy Rose, alleging that certain building materials had been supplied to one Jim Whitten Builder, Inc., for use in the construction of improvements on some property involved in this case. The original petition in the case alleged that Jim Whitten Builder, Inc. (Whitten), was the owner of the...

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