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TOTTENHOFF v. ROCKY MOUNTAIN CONST. CO.

No. 5237.

609 P.2d 464 (1980)

Gary TOTTENHOFF, d/b/a Custom Roofing, Appellant (Plaintiff), v. ROCKY MOUNTAIN CONSTRUCTION COMPANY, INC., and American National Bank, Appellees (Defendants).

Supreme Court of Wyoming.

April 14, 1980.

Attorney(s) appearing for the Case

Edwin H. Whitehead, Urbigkit & Whitehead, P.C., Cheyenne, signed the brief and appeared in oral argument for appellant.

Richard P. Boley, Lathrop & Uchner, P.C., Cheyenne, signed the brief and appeared in oral argument for appellee American National Bank.

No brief was filed for Rocky Mountain Construction Company, Inc.

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.

RAPER, Chief Justice.

The basic question in this case is whether the plaintiff-appellant has a valid mechanic's lien against real property upon which the defendant-appellee bank has a mortgage. The district court held that the claimant's Notice of Lien was prematurely filed and is invalid and unenforceable under the provisions of § 29-2-109, W.S. 1977, which provided that "* * * the original contractor shall not file a lien prior to the expiration of sixty (60...

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