STAR LUMBER & SUPPLY CO. v. CAPITAL CONSTR. CO.

No. 57,812

238 Kan. 743 (1986)

715 P.2d 11

STAR LUMBER & SUPPLY CO., INC., Appellant, v. CAPITAL CONSTRUCTION COMPANY, INC.; CLARK A. OREBAUGH and SALLY L. OREBAUGH, Husband and Wife; JOHN D. MORRISON and SHELLEE K. MORRISON, Husband and Wife; JOHN A. SMITH; CHARLES B. SMITH and SANDRA KAY SMITH, Husband and Wife; and GEOFFREY B. PAYNE and CINDY L. PAYNE, Husband and Wife, Defendants, Third-Party Plaintiffs and Appellees, and FIDELITY SAVINGS ASSOCIATION OF KANSAS; CONTINENTAL ILLINOIS BANK AND TRUST OF CHICAGO; and COLUMBIAN NATIONAL TITLE INSURANCE COMPANY, Defendants, Third-Party Defendants and Appellees.

Supreme Court of Kansas.

Opinion filed February 21, 1986.


Attorney(s) appearing for the Case

Orlin L. Wagner, of Wichita, argued the cause and was on the brief for appellant.

Ronald D. Heck, of Fisher, Heck and Wright, P.A., of Topeka, argued the cause, and Ann L. Hoover, of the same firm, was on the brief for appellees Clark A. and Sally L. Orebaugh, John D. and Shellee K. Morrison, Geoffrey B. and Cindy L. Payne, and Columbian National Title Insurance Company of Wichita, Inc.


The opinion of the court was delivered by

MILLER, J.:

This is a consolidated action to foreclose mechanics' liens filed by the plaintiff, Star Lumber and Supply Company, Inc. After trial, judgment was entered against Star and foreclosure of its liens was denied. Star appeals, challenging the findings of the trial court and the reasons for its decision.

The parties are Star Lumber, the plaintiff and lien claimant...

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