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WESTERN FERTILIZER & CORDAGE v. BRG, INC.

No. 86-289.

424 N.W.2d 588 (1988)

228 Neb. 776

WESTERN FERTILIZER AND CORDAGE COMPANY, INC., Appellee, v. BRG, INC., et al., Appellees, City of Alliance, a Municipal Corporation, Appellant and Cross-Appellee, and David K. Rice, Intervenor-Appellee and Cross-Appellant.

Supreme Court of Nebraska.

June 17, 1988.

Attorney(s) appearing for the Case

Rodney P. Cathcart of Erickson & Sederstrom, P.C., Lincoln, and Walter R. Metz of Metz & Metz, Alliance, for appellant and cross-appellee.

Robert G. Simmons, Jr., of Simmons, Raymond, Olsen, Ediger, Selzer & Ballew, P.C., Scottsbluff, for appellee Western.

Herbert M. Sampson, III of Sampson & Forney, Alliance, for intervenor-appellee and cross-appellant.

BOSLAUGH, CAPORALE, SHANAHAN, and GRANT, JJ., and BURKHARD, District Judge.

PER CURIAM.

This is an action in equity filed by Western Fertilizer and Cordage Company, Inc. (Western), to foreclose a real estate mortgage and to determine the validity and priority of liens on the real estate for unpaid assessments claimed by the City of Alliance, appellant. David K. Rice, appellee, filed his "Petition in Intervention" asking for a determination of the validity and priority of a statutory construction lien which Rice claimed was due him for unpaid...

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