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WARREN SUPPLY v. DUERR, PLILEY, THORSHEIM DEV.

No. 14425.

355 N.W.2d 838 (1984)

WARREN SUPPLY COMPANY, Plaintiff, and River View Apartments Partnership, Intervenor and Appellee, v. DUERR, PLILEY, THORSHEIM DEVELOPMENT, INC., A South Dakota Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 3, 1984.

Attorney(s) appearing for the Case

R. James Krueger, Jr. and Frank Driscoll, Legal Intern of DeVany & Krueger, Vermillion, for intervenor and appellee.

Jerry L. Pollard of Light Law Offices, Yankton, for defendant and appellant.

WOLLMAN, Justice.

This is an appeal by Duerr, Pliley, Thorsheim Development, Inc. (DPT), from a summary judgment entered in favor of River View Apartments Partnership, intervenor (Partnership), and denying DPT's motion for summary judgment. We affirm.

DPT began construction of two twelve-plex apartment houses in Vermillion in 1979. In April of 1980, one of DPT's suppliers commenced a mechanics lien foreclosure action...

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