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STAHLHUT v. SIRLOIN STOCKADE, INC.

Nos. KCD 28486, KCD 28502.

568 S.W.2d 269 (1978)

Kenneth STAHLHUT, Plaintiff-Respondent, v. SIRLOIN STOCKADE, INC., et al., Defendants-Appellants-Respondents. MARTIN BROTHERS TILE COMPANY, Plaintiff-Respondent, v. SIRLOIN STOCKADE, INC., et al., Defendants-Appellants.

Missouri Court of Appeals, Kansas City District.

June 12, 1978.

Attorney(s) appearing for the Case

Gayles R. Pine, Robert G. Ulrick, Warrensburg, for Kenneth Stahlhut.

Donald E. Raymond, Kansas City, for Sirloin Stockade, Inc.

F. Philip Kirwan, Margolin and Kirwan, Kansas City, for Home Indemnity Co.

J. Martin Anderson, Kansas City, for Martin Bros. Tile Co.

Before WELBORN, Special Judge, Presiding, PRITCHARD, J., and HIGGINS, Special Judge.

ROBERT R. WELBORN, Special Judge.

Actions by subcontractors to establish mechanics' liens and for recovery on surety bonds on construction project. Trial court upon trial of claims there consolidated refused to allow mechanics' liens but entered judgment in favor of subcontractors on performance bond. Surety on bond appeals.

On September 18, 1972, C. F. Moreland Construction Company, a Missouri partnership composed of C. F. Moreland and Keith

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