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TRANE CO. v. BAKKALAPULO

No. 54,898

234 Kan. 348 (1983)

672 P.2d 586

THE TRANE COMPANY, Appellant, v. KOSTA BAKKALAPULO, FOTINI BAKKALAPULO, BILL B. LIMBAUGH, WILLIAM P. BIGGINS, DON J. McMURRAY COMPANY, and THE NATIONAL TRAVELER'S LIFE COMPANY OF DES MOINES, IOWA, Appellees.

Supreme Court of Kansas.

Opinion filed December 2, 1983.

Attorney(s) appearing for the Case

Charles R. Wilson, of Cooke, Ballweg, Borth, Wilson & Simpson, of Prairie Village, argued the cause, and Bruce E. Moore, of the same firm, was with him on the brief for the appellant.

Thomas Buchanan, of Balloun & Bodinson, Chartered, of Olathe, and Kenneth Bigus, of Kaplan, Shanberg, Bigus & Osman, of Kansas City, Missouri, argued the cause, and Ron Bodinson, of Balloun & Bodinson, Chartered, of Olathe, was with them on the brief for the appellees.

The opinion of the court was delivered by

LOCKETT, J.:

This action arises out of an attempted foreclosure by plaintiff-appellant, The Trane Company, of a subcontractors mechanic's lien (lien), filed pursuant to K.S.A. 1980 Supp. 60-1103. Defendants-appellees filed a motion to dismiss the action, contending that the plaintiff-appellant's lien statement was not properly verified, therefore defective. The trial court...

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