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COLUMBUS FED. SAV. & LOAN v. SWAILS CONST.

No. 82-472.

338 N.W.2d 593 (1983)

215 Neb. 287

COLUMBUS FEDERAL SAVINGS & LOAN ASSOCIATION, a Nebraska corporation, Appellee, v. SWAILS CONSTRUCTION COMPANY, INC., et al., Appellees, Tony Metcalf et al., Appellants.

Supreme Court of Nebraska.

September 23, 1983.

Attorney(s) appearing for the Case

R. Kent Radke of Badami & Radke, Lincoln, for appellants.

David M. Geier of Bauer, Galter & Geier, Lincoln, for appellee Columbus Federal Sav. & Loan Ass'n.

KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ., and GRANT, District Judge.

BOSLAUGH, Justice.

This action was commenced to foreclose a real estate mortgage on Lot 14, Block 1, Briarhurst West Second Addition to the City of Lincoln, Nebraska. The defendant Tony Metcalf claimed a mechanic's lien for labor and materials supplied to the property. The trial court found that the plaintiff's mortgage lien was valid and inferior only to a mechanic's lien in favor of John L. Hoppe Lumber Company. Liens...

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