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TRANE CO. v. CHERRY HILLS III DEVELOPMENT CORP.

No. 77-872.

588 P.2d 884 (1978)

The TRANE COMPANY, a Wisconsin Corporation, Plaintiff-Appellant, v. CHERRY HILLS III DEVELOPMENT CORP. and Stalder & Sons Construction Co., Inc., Defendants-Appellees, and The FIRST NATIONAL BANK OF DENVER, a National Banking Association, Plaintiff, v. L. C. FULENWIDER, INC., the Forester Furniture Company, Inc., Comfort Trane Air Conditioning Co., Contract Design Associates, Vega Sauna Company, Apartment Guard, Inc., Cherry Hills III Development Corp., and Stalder & Sons Constructions Co., Inc., Defendants.

Colorado Court of Appeals, Div. I.

As Modified On Denial of Rehearing October 19, 1978.

Certiorari Denied January 8, 1979.

Attorney(s) appearing for the Case

Law, Nagel & Clark, Jeffrey L. Beattie, Denver, for plaintiff-appellant The Trane Co.

Yegge, Hall & Evans, Jeffery B. Stalder, Denver, for defendants-appellees Cherry Hills III Development Corp. and Stalder & Sons Const. Co., Inc.

COYTE, Judge.

Appellant, The Trane Co., a manufacturer of heating, ventilating, and air conditioning equipment, asserted a mechanic's lien against certain real property owned by Cherry Hills III Development Corp. The property owner's motion for summary judgment was granted by the trial court, and Trane appeals. We reverse and remand.

Cherry Hills III, developer of a southeast Denver condominium project, hired Stalder and Sons Construction Co., Inc. (Stalder...

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