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TRI-COUNTY PLUMBING v. LEVEE RESTORATIONS

No. 85-367.

720 P.2d 247 (1986)

TRI-COUNTY PLUMBING & HEATING, INC., a Montana corp., and Atlas Electric, Inc., a Montana corp., & Ingram-Clevenger, Inc., a Montana corp., Intervening Plaintiff, Plaintiffs and Respondents, v. LEVEE RESTORATIONS, INC., a Montana corp., and Deer Lodge Bank & Trust Co., a corp., Defendants and Appellants.

Supreme Court of Montana.

Decided June 5, 1986.

Rehearing Denied July 15, 1986.

Attorney(s) appearing for the Case

Swanberg, Koby, Swanberg & Matteucci, Gorham Swanberg, Great Falls, for Levee Restorations, Inc.

Jardine, Stephenson, Blewett & Weaver, Greg Luinstra, argued, Great Falls, for Deer Lodge Bank & Trust Co.

Hooks & Budewitz, Tom Budewitz, argued, Townsend, Ronald F. Waterman, argued, Helena, for plaintiffs and respondents.

HARRISON, Justice.

Plaintiff Tri-County Plumbing and Heating, Inc./Atlas Electric, Inc. (hereinafter "Tri-County") brought this action in Chouteau County District Court to foreclose a mechanics' lien filed by them against certain real property located in Fort Benton, Montana, owed by defendant Levee Restorations, Inc. (hereinafter "Levee"). The Deer Lodge Bank and Trust Company (hereinafter "Bank") was also named as a defendant by virtue of its mortgage on the same...

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