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DENVER WOOD PRODUCTS CO. v. FRYE

No. 41777.

275 N.W.2d 67 (1979)

202 Neb. 286

DENVER WOOD PRODUCTS COMPANY, a Colorado Corporation, Appellant, v. Kenneth FRYE et al., Appellees.

Supreme Court of Nebraska.

February 6, 1979.

Attorney(s) appearing for the Case

Jim Zimmerman of Atkins, Ferguson, Hahn & Zimmerman, Scottsbluff, for appellant.

Wright & Simmons, and John A. Selzer, Scottsbluff, on brief of appellees Loyd Reisig and Ruth B. Reisig.

Heard before SPENCER, C. J., Pro Tem., BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ., and KUNS, Retired District Judge.

McCOWN, Justice.

This is an action to foreclose a mechanic's lien. Following trial the District Court specifically found that the purported mechanic's lien was not timely filed and dismissed plaintiff's petition. The plaintiff has appealed.

The evidence in this case is essentially uncontradicted. On May 5, 1975, the defendants, Loyd Reisig and Ruth B. Reisig, entered into a written contract with Kenneth Frye, a contractor...

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