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WEFEL v. HAROLD J. WESTIN & ASSOCIATES, INC.

No. 13518.

329 N.W.2d 624 (1983)

Merle D. WEFEL, d/b/a Diversified Acoustics Drywall, Plaintiff, v. HAROLD J. WESTIN AND ASSOCIATES, INC., H.J. Westin and Associates, P.A., Harold J. Westin Constructors, Inc., a corporation, Rouse Mechanical, Inc., a corporation, Hunt Electric Corp., Inc., a corporation, Defendants, and City of Rapid City and Medical and Dental Building, a partnership, Defendants and Appellees, and Howard-Osmera & Associates, Inc., Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 26, 1983.

Attorney(s) appearing for the Case

Thomas E. Simmons of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant Howard-Osmera & Associates, Inc.; Michael M. Hickey of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, on brief.

Curtis S. Jensen of Gunderson, Farrar, Aldrich, Warder & De Mersseman, Rapid City, for defendants and respondents Medical and Dental Bldg. and City of Rapid City.

MORGAN, Justice.

This appeal arises from the foreclosure of a mechanic's lien filed by appellant Howard-Osmera & Associates, Inc. (Engineer), on property owned by the City of Rapid City (City) and leased to Medical and Dental Building, a partnership (Building Partnership). The trial court granted a directed verdict for appellees, City and Building Partnership. Engineer appeals and we reverse and remand.

On December 23, 1976, Building Partnership, upon...

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