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REPUBLIC BANK & TRUST v. BOHMAR MINERALS

No. 56321.

661 P.2d 521 (1983)

REPUBLIC BANK & TRUST COMPANY OF TULSA, an Oklahoma Banking Corporation, Appellee, v. BOHMAR MINERALS, INC., a Virginia Corporation and Dale Miles, James L. Finegan and Ouida L. Finegan, Appellant.

Supreme Court of Oklahoma.

As Corrected March 24, 1983.

Attorney(s) appearing for the Case

Jack E. Gordon, Gary Barnett, Gordon & Gordon, Claremore, for appellant, Dale Miles.

Stephen A. Schuller, Thomas M. Klenda, Prichard, Norman & Wohlgemuth, Tulsa, for appellee.

OPALA, Justice:

The dispositive issue on certiorari is whether a bulldozer operator who cleared the premises for construction work may claim a laborer's lien pursuant to 42 O.S. 1981 § 92. We hold that the operator's work did not entitle him to the statutory status of a "laborer" with a lien superior to a prior recorded mortgage.1

The appellee, Republic Bank & Trust Company of...

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