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FOSTER LUMBER CO., INC. v. HUME

No. 5574.

645 P.2d 1176 (1982)

FOSTER LUMBER COMPANY, INC., now known as Diamond International Corporation, Appellant (Plaintiff), v. Robert B. HUME, Marie B. Hume, Hume Construction Company, Inc., H-G Developers, Inc., Steven A. Anderson, Patricia M. Anderson, and Bank of Commerce, Appellees (Defendants).

Supreme Court of Wyoming.

June 8, 1982.

Attorney(s) appearing for the Case

Harlan W. Rasmussen and Fred R. Dollison of Badley, Rasmussen & Shoumaker, Sheridan, for appellant.

Dennis Kirven of Kirven & Kirven, Buffalo, and Robert G. Berger of Lonabaugh & Riggs, Sheridan, for appellees Steven A. Anderson, Patricia M. Anderson, and Bank of Commerce.

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

THOMAS, Justice.

This case presents questions relating to the sufficiency of the evidence in connection with an action to foreclose a materialman's lien under prior Wyoming law,1 and the right of the materialman to have the proceedings reopened if the evidence is found to be insufficient. The district court held that the materialman's lien was not filed within the 90-day period specified by § 29-2-109, W.S. 1977.

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