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SYNDOULOS LUTH. CHURCH v. A.R.C. INDUSTRIES, INC

Nos. 6789, 6941.

662 P.2d 109 (1983)

SYNDOULOS LUTHERAN CHURCH of Fairbanks, Alaska, and Wisconsin Evangelical Lutheran Synod, Appellants, v. A.R.C. INDUSTRIES, INC. and Thomas G. Farr, Appellees. Thomas G. FARR, and A.R.C. Industries, Inc., Cross-Appellants, v. SYNDOULOS LUTHERAN CHURCH of Fairbanks, Alaska and Wisconsin Evangelical Lutheran Synod, Cross-Appellees.

Supreme Court of Alaska.

April 1, 1983.

Attorney(s) appearing for the Case

Kenneth P. Ringstad, Rice, Hoppner, Brown & Brunner, Fairbanks, for appellants and cross-appellees.

Paul L. Henderson, Henderson & Nogg, Anchorage, for appellees and cross-appellants.

Before BURKE, C.J., RABINOWITZ, MATTHEWS and COMPTON, JJ., and TUNLEY, Superior Court Judge.

OPINION

COMPTON, Justice.

There are two issues raised in this appeal: first, whether a defendant against whom a default has been entered may disprove a material allegation of the plaintiff's complaint at the trial on damages and thereby avoid liability, and second, whether an owner of real property may directly sue a subcontractor for his defective workmanship. For the reasons set forth below, we conclude that under the circumstances of this case the superior...

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