GIPSON v. TYSON FOODS, INC.

No. 81-34.

615 S.W.2d 363 (1981)

Jay GIPSON d/b/a Jay Gipson Crane Rental Service, Appellant, v. TYSON FOODS, INC., Appellee.

Supreme Court of Arkansas.

May 18, 1981.


Attorney(s) appearing for the Case

Pryor, Robinson, Taylor & Barry, by Gregory T. Karber, Fort Smith, for appellant.

Blair, Cypert, Waters & Roy, by Michael H. Mashburn, Springdale, for appellee.


PURTLE, Justice.

The trial court dismissed appellant's complaint in which he sought to enforce a laborers lien and foreclosure action against the owner-appellee. The court dismissed the action because the appellant had not timely joined the contractor as a party to the suit and had not provided the appellee with the notice required by Ark.Stat.Ann. § 51-608.1 (Supp.1979).

For his appeal the appellant urges that (1) the contractor was not a necessary party...

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