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MITCHELL ENG. CO. v. SUMMIT RLTY. CO., INC.

No. WD 33505.

647 S.W.2d 130 (1982)

MITCHELL ENGINEERING COMPANY, A DIVISION OF CECO CORPORATION, Respondent, v. SUMMIT REALTY COMPANY, INC., Trans-Missouri Builders, Inc., Larry W. Fink and Commerce Mortgage Company, a corporation, Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Overruled and Denied February 8, 1983.

Application to Transfer Denied March 29, 1983.

Attorney(s) appearing for the Case

Gordon R. Gaebler of Svoboda & Gaebler, P.C., Kansas City, for appellant Summit Realty Co.

Ronald R. McMillin of Carson, Monaco, Coil, Riley & McMillin, P.C., Jefferson City, for respondent.

Before MANFORD, P.J., and WASSERSTROM and KENNEDY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied February 8, 1983.

MANFORD, Presiding Judge.

Mitchell Engineering Company (plaintiff and hereinafter Mitchell) instituted this action in two counts. Count I sought enforcement of a mechanic's lien against land owned by Summit Realty Company (defendant and hereinafter Summit). Count II sought recovery of the balance due upon a construction contract from Trans-Missouri Builders (defendant...

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