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MILES HOMES OF IND. v. HARRAH PLUMBING

No. 1-879A219.

408 N.E.2d 597 (1980)

MILES HOMES OF INDIANA, Inc. (Miles Homes Division of Insilco Corporation), Appellant (Defendant, Counter-Claimant and Cross-Claimant below), v. HARRAH PLUMBING and Heating Service Co., Inc., Appellee (Plaintiff, Counter-Defendants below), John W. Lee and Margaret Lee, Appellees (Defendants, Cross-Defendants below). John W. Lee and Margaret Lee, Appellants (Defendants, Cross-Defendants below), v. Harrah Plumbing and Heating Service Co., Inc., Appellee (Plaintiff below), Miles Homes of Indiana, Inc. (Miles Homes Division of Insilco Corporation), Appellee (Defendants, Counter-Claimant and Cross-Claimant below).

Court of Appeals of Indiana, First District.

August 14, 1980.

Attorney(s) appearing for the Case

Cox, Zwerner, Gambill & Sullivan, Terre Haute, for appellant.

Brames Bopp & Haynes, Terre Haute, Pedro S. Martinez, Jr., Indianapolis, for appellees.

ROBERTSON, Presiding Judge.

This is an appeal by Miles Homes of Indiana, Inc. (Miles Homes) from a judgment foreclosing the mechanic's lien of Harrah Plumbing and Heating Service Co., Inc. (Harrah) on real property to which Miles Homes holds title and in which John W. and Margaret Lee (Lees) hold an interest as conditional land contract purchasers.

We reverse and remand.

Miles Homes provided materials to build a "shell house", (i.e., a house without...

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