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DANIELS v. DESERET FEDERAL SAV. & LOAN

No. 880135-CA.

771 P.2d 1100 (1989)

Jack C. DANIELS, Third-Party Plaintiff and Appellant, v. DESERET FEDERAL SAVINGS & LOAN ASSOCIATION, A-One Construction, Inc., Miller Brick Sales, Eugene E. Doms, and Michael R. McCoy, Respondents. CEN CORPORATION, Plaintiff, v. Jack C. DANIELS, Debra Estes, Scott Berry, Debra Ann Sitzberger, and Amy Stanton Eagleson, Defendants.

Court of Appeals of Utah.

Rehearing Denied April 26, 1989.

Attorney(s) appearing for the Case

Gordon A. Madsen, Murray, and Robert C. Cummings, Salt Lake City, for third-party plaintiff and appellant.

David R. Olsen, Carl F. Huefner, and Charles P. Sampson, Salt Lake City, for respondents.

Before DAVIDSON, GARFF and JACKSON, JJ.

OPINION

DAVIDSON, Judge:

Jack C. Daniels appeals from a summary judgment in favor of Deseret Federal Savings & Loan Association, dismissing his notice to hold and claim a lien on property for which he was both a co-owner and the general contractor. Daniels' claim concerned the timeliness of filing his notice and the profits owed to him as a limited partner in Park Avenue Development Company ("Park Avenue"). The trial court held that his lien was both...

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