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TRIPP v. VAUGHN

Nos. 860130-CA, 860131-CA.

747 P.2d 1051 (1987)

Wayne TRIPP, dba Modern Drywall, Plaintiff and Appellant, v. Jeff VAUGHN, dba Jeff Vaughn Construction, Lincove Partnership, Contract Carpets & Interiors, Inc., Familian Pipe & Supply Company, Lowry Overhead Doors, Inc., Anderson Lumber Company, Gary R. Free, Basin Wholesale Electric, Inc., Basin Sportsman and Electric and Donald T. Anderson, Defendants and Appellants, Basin State Bank, Defendant and Respondent. CONTRACT CARPETS & INTERIORS, Cross-Claimant and Appellant, v. Jeff VAUGHN, dba Jeff Vaughn Construction, and Lincove Partnership, Cross-Claim Defendants.

Court of Appeals of Utah.

December 15, 1987.

Attorney(s) appearing for the Case

Evan A. Schmutz, Jones, Waldo, Holbrook & McDonough, Salt Lake City, for defendant and appellant Contract Carpets & Interiors.

Kenneth G. Anderton, Vernal, for crossclaim defendant and respondent Basin State Bank.

Kirk Bennett, Bennett & Judd, Vernal, for plaintiff and appellant Wayne Tripp, dba Modern Drywall.

David M. Wahlquist, James J. Cassity, Kirton, McConkie & Bushnell, Salt Lake City, for amici curiae Pollack & Pieper.

Clark B. Allred, Vernal, for Donald T. Anderson.

Larry A. Steele, Jones, Waldo, Holbrook & McDonough, Salt Lake City, for Basin Wholesale Elec. and Basin Sportsman.

Lynn B. Larsen & Curtis D. Elton, Wickwire, Gavin & Gibb, Salt Lake City, for Familian Pipe & Supply.

Bryan W. Cannon, Salt Lake City, for Gary R. Free.

Thomas R. Patton, Zabriskie & Patton, Provo, for Lincove Partnership and Buchanan.

Scott C. Pierce, McKay, Burton, Thurman & Condie, Salt Lake City, Lowry Overhead Doors.

Before GREENWOOD, ORME and JACKSON, JJ.

OPINION

GREENWOOD, Judge:

Appellants, Contract Carpets & Interiors, Inc., Wayne Tripp, Donald Anderson, Basin Wholesale Electric, Inc. and Basin Sportsman and Electric appeal from the trial court's ruling that Basin State Bank had priority over appellants' mechanics' liens. We affirm.

In the summer of 1981, Lincove Associates, a general partnership comprised of Craig Christensen, Steve Hall and Greg Morrison, purchased property in Vernal, Utah...

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