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FARMINGTON BLDG. SUPPLY CO. v. COURTOIS

No. 53277.

752 S.W.2d 477 (1988)

FARMINGTON BUILDING SUPPLY COMPANY, Plaintiff, Jefferson County Home Center, Inc., Intervenor, v. John M. COURTOIS, Dottye E. Courtois, Ozark Federal Savings & Loan Association, Cara Detring, James L. Toppins, and Eva Toppins, Defendants.

Missouri Court of Appeals, Eastern District, Southern Division.

June 21, 1988.

Attorney(s) appearing for the Case

Terry R. Rottler, Ste. Genevieve, Joseph P. Cunningham, III, Festus, for Jefferson County Home Center.

Gary W. Wagner, Colson, Wagner & Ray, Farmington, Ben R. Swank, Jr., Kansas City, for Lumbermens Assoc.

GRIMM, Judge.

This is a mechanic's lien case. The general issue presented: When a mechanic's lien exists, does the subsequent bankruptcy of the landowner/contractor preclude the enforcement of the lien? We hold that it does not, and reverse the decision of the trial court which had sustained motions to dismiss based on the premise that it did and remand with directions.

John and Dottye Courtois owned a building...

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