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WILLIAMS v. CENTRAL CONCRETE INC.

599 S.W.2d 460 (1979)

Zesper S. WILLIAMS, Ruth P. Williams, Glenwood, Inc., Appellants, v. CENTRAL CONCRETE INC., Lawrence Singer d/b/a Singer's Electric Company, Dwight Preston, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 8, 1980.

Discretionary Review Denied June 17, 1980.

Attorney(s) appearing for the Case

Ben B. Hardy, Louisville, for appellants.

Paul M. Lewis, Elizabethtown, for appellees.

Before GANT, COOPER and WILHOIT, JJ.

GANT, Judge.

Action was commenced in March, 1975, by a materialman, not a party to this action, for the purpose of enforcing a lien for material and labor furnished for the construction of a commercial building. It is admitted by appellees that the legal description in the complaint in that action, which description was perpetuated by appellees herein in their intervening complaints, contained some 65 acres not included in the tract upon which the building was constructed...

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