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AMERT CONSTRUCTION CO. v. SPIELMAN

No. 13816.

331 N.W.2d 307 (1983)

AMERT CONSTRUCTION COMPANY, a corporation, Plaintiff and Appellant, v. Clifford E. SPIELMAN and Evelyn J. Spielman, Defendants and Appellees, and Guy Emery Spielman, James V. Berg, Don A. Berg, Ruth E. Witte, Clayton Berg, Carol V. Berg Brantner and Northwestern National Bank of Sioux Falls, Defendants.

Supreme Court of South Dakota.

Decided March 23, 1983.

Rehearing Denied April 28, 1983.

Attorney(s) appearing for the Case

Jerome B. Lammers of Lammers, Lammers, Kleibacker & Casey, Madison, for plaintiff and appellant.

Thomas M. Issenhuth of Arneson, Issenhuth & Gienapp, Madison, for defendants and appellees.

HENDERSON, Justice.

ACTION

This is a civil appeal arising from foreclosure of a mechanic's lien involving a quarter section of land in Lake County. Appellant filed and recorded a mechanic's lien and Notice of Lis Pendens on December 18, 1980. Suit was filed to foreclose the lien on May 27, 1981. Two defendants, Guy Spielman and Northwestern National Bank, did not answer or appear. Judgment was entered against Guy Spielman in the amount of $82,146.80 plus...

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