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SHERWOOD v. TUCKER

No. 42082.

277 N.W.2d 437 (1979)

203 Neb. 56

Lowell S. SHERWOOD, doing business as Sherwood Lumber and Concrete Company, Tabor, Iowa, Appellant, v. Dola H. TUCKER and Kathryn C. Tucker, Appellees.

Supreme Court of Nebraska.

April 10, 1979.

Attorney(s) appearing for the Case

Hoch & Steinheider, Nebraska City, for appellant.

Wellensiek & Rehmeier, Syracuse, for appellees.

Heard before KRIVOSHA, C. J., CLINTON, and HASTINGS, JJ., and KUNS, Retired District Judge.

KUNS, Retired District Judge.

This is an action for the foreclosure of a mechanic's lien filed by Lowell S. Sherwood, doing business as Sherwood Lumber and Concrete Company, Tabor, Iowa, the appellant, against Dola H. Tucker and Kathryn C. Tucker, appellees. The District Court for Otoe County, Nebraska, entered a judgment of dismissal against which the appellant assigns error. We reverse and remand the action.

The portion of the record material to the assignment...

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