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SCHNEIDER v. J.W. METZ LUMBER CO.

No. 84SC211.

715 P.2d 329 (1986)

Bruce Thomas SCHNEIDER, Jeffrey Lee Schober, Sallie Ann Schober, Robert H. Holzworth, and Lois Ann Holzworth, Petitioners, v. J.W. METZ LUMBER COMPANY, a Colorado corporation, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 31, 1986.

Attorney(s) appearing for the Case

Jonathan T. Belknap, Fraser, for petitioners, Jeffrey Lee Schober, Sally Ann Schober, Robert H. Holzworth, and Lois Ann Holzworth.

McMichael & Benedict, Mitchell Benedict, III, Denver, for petitioner, Bruce Thomas Schneider.

Graber & Graber, George Moore Graber, Arvada, for respondent.

ERICKSON, Justice.

We granted certiorari to review J.W. Metz Lumber Co. v. Schneider, 687 P.2d 490 (Colo.App.1984), which upheld the foreclosure of statutory mechanic's liens on real property owned by the petitioners. We hold that respondent is not entitled to mechanic's liens on the petitioners' property. We also conclude that the petitioners qualify as buyers in the ordinary course of business under the Colorado Uniform Commercial...

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