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KING PIN MOTOR LODGE v. D.J. CONST. CO., INC.

No. 3-580A152.

416 N.E.2d 1317 (1981)

KING PIN MOTOR LODGE, Inc., Defendant-Appellant, v. D.J. CONSTRUCTION CO., Inc., Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

March 2, 1981.

Attorney(s) appearing for the Case

Bill D. Eberhard, Jr., Richard K. Muntz, P.C., LaGrange, for defendant-appellant.

Philip C. Barker, Hartzog, Barker, Hepler & Saunders, Goshen, for plaintiff-appellee.

HOFFMAN, Presiding Judge.

King Pin Motor Lodge, Inc. appeals the trial court's judgment and an order foreclosing a mechanic's lien held by D.J. Construction Co., Inc. The issues raised by King Pin are:

(1) whether the trial court erred in determining that D.J. Construction had not waived its right to hold a mechanic's lien; (2) whether D.J. Construction was estopped from asserting a claim for more than $60,000; and

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