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GRIDER v. MUT. FED. SAV. AND LOAN ASS'N

565 S.W.2d 647 (1978)

Kenneth GRIDER and Ralph Roy d/b/a Grider & Roy Building Supply, Appellants, v. MUTUAL FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellee.

Court of Appeals of Kentucky.

April 28, 1978.

Attorney(s) appearing for the Case

Terill A. Wilson, Russell Springs, for appellants.

F. G. Neikirk, Somerset, for appellee.

Before HOWARD, PARK and WILHOIT, JJ.

WILHOIT, Judge.

This appeal is from a judgment of the Russell Circuit Court adjudging a mortgage to the appellee, Mutual Federal Savings and Loan Association, to be superior to the materialmen's lien of the appellants, Ralph Roy and Kenneth Grider.

The dispositive question presented to us on this appeal is whether the appellee association had actual notice of the equities of the materialmen prior to the time it disbursed all of the proceeds of a construction...

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