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WICKES CORP. v. FRYE

No. 41779.

273 N.W.2d 663 (1979)

202 Neb. 23

The WICKES CORPORATION, a Delaware Corporation, Appellee, v. Kenneth FRYE, d/b/a Interior Designers, Appellee, Impleaded with Loyd Reisig and Ruth B. Reisig, Husband and Wife et al., Appellants.

Supreme Court of Nebraska.

January 3, 1979.

Attorney(s) appearing for the Case

Wright & Simmons and John A. Selzer, Scottsbluff, for appellants.

James L. Zimmerman of Atkins, Ferguson, Hahn & Zimmerman, Scottsbluff, for appellee.

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

SPENCER, Chief Judge Pro Tem.

This is an action to foreclose a mechanic's lien. The District Court found in favor of The Wickes Corporation and entered a decree of foreclosure. The homeowners, Loyd Reisig and Ruth B. Reisig, filed this appeal. Loyd Reisig died November 2, 1978, and his interest is represented on appeal by his wife as the personal representative of his estate. Defendants contend plaintiff did not establish its lien and in any event should be estopped...

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