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  5. 634 P.2d 342 (1981)
 

KIRBY BLDG. SYSTEMS v. INDEPENDENCE, ETC.

No. 5500.

634 P.2d 342 (1981)

KIRBY BUILDING SYSTEMS, INC., a Texas Corporation, Appellant (Plaintiff), v. INDEPENDENCE PARTNERSHIP NO. ONE, a Wyoming partnership, Zions First National Bank, and Clydeco Building Supplies, Appellees (Defendants).

Supreme Court of Wyoming.

October 5, 1981.

Attorney(s) appearing for the Case

Daniel G. Blythe, Cheyenne, and C. Reed Brown (argued), Armstrong, Rawlings, West & Brown, Salt Lake City, Utah, and Bruce R. Barnard, Evanston, for appellant.

Dennis W. Lancaster, Phillips & Lancaster, P.C., Evanston, for appellees.

Before ROSE, C.J., RAPER, THOMAS and ROONEY, JJ., and SAWYER, D.J.

RAPER, Justice.

This appeal is from an order dismissing an action to foreclose a mechanic's lien. The issue before us concerns whether the district court correctly found as a matter of law that the notice requirement in § 29-2-110, W.S. 1977, was not satisfied. That statute provided:

"Every person, except the original contractor, who may wish to avail himself of the benefits of the provisions of this act [§§ 29-2-101 to 29-2-124], shall give...

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