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DIEHL LUMBER TRANSP. INC. v. MICKELSON

No. 890179-CA.

802 P.2d 739 (1990)

DIEHL LUMBER TRANSPORTATION INC., Plaintiff and Appellant, v. Glen J. MICKELSON d/b/a Glen's Service Company, Defendant and Appellee, Glen J. MICKELSON d/b/a Glen's Service Company, Third-Party Plaintiff and Appellee, v. HERITAGE CORPORATION, a Utah corporation; Comtel, a Utah corporation; American West Mortgage Corporation, a Utah corporation; Zions First National Bank, a Utah corporation; and Far West Savings & Loan, Third-Party Defendants and Appellant.

Court of Appeals of Utah.

November 21, 1990.

Attorney(s) appearing for the Case

Richard A. Rappaport (argued), Keith W. Meade (argued), Cohne, Rappaport & Segal, Randy B. Coke, Beaslin, Nygaard, Coke & Vincent, Salt Lake City, for Diehl Lumber & Zions First Nat. Bank.

M. Richard Walker (argued), M. Richard Walker & Associates, Salt Lake City, for respondent Mickelson.

Before BENCH, GREENWOOD and JACKSON, JJ.

OPINION

GREENWOOD, Judge:

Appellants Diehl Lumber Transportation, Inc. (Diehl) and Zions First National Bank (Zions) appeal the trial court's judgment for appellee Glen J. Mickelson d/b/a Glen's Service Company (Mickelson) authorizing Mickelson to foreclose his mechanic's lien as against Diehl and Zions. We reverse.

FACTS

The property that is the subject of this litigation is a building in Murray, Utah, referred to as the "Comtel building...

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