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GILCREST/JEWETT LUMBER CO. v. MOYER

No. 89-189.

448 N.W.2d 711 (1989)

GILCREST/JEWETT LUMBER COMPANY, Plaintiff-Appellant, v. Jim MOYER and Jim Moyer Construction, Inc., Defendants-Appellees, John David Pitt, Christine Pitt, and Norwest Bank Des Moines National Association, Defendants.

Court of Appeals of Iowa.

October 5, 1989.

Attorney(s) appearing for the Case

James L. Spellman of Neiman, Neiman, Stone & Spellman, P.C., Des Moines, for the appellant.

Mark Godwin & David J. Isaacson of Isaacson & Clarke, P.C., Des Moines, for the appellees Moyer.

Considered by HAYDEN, P.J., and SACKETT and HABHAB, JJ.

SACKETT, Judge.

Plaintiff-appellant Gilcrest/Jewett Lumber Company appeals the district court's ruling granting defendants-appellees' motions to strike and dismiss. The district court found the appellant improperly joined a request for personal judgment with an action to foreclose a mechanic's lien, and that the appellant failed to state a claim for which relief could be granted. We affirm the district court.

In late 1987 defendants-appellees Jim Moyer and...

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