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HARDIN CONST. GROUP, INC. v. CARLISLE CONST. CO.

23137

300 S.C. 456 (1990)

388 S.E.2d 794

HARDIN CONSTRUCTION GROUP, INC., and Fidelity and Deposit Company of Maryland, Plaintiffs v. CARLISLE CONSTRUCTION COMPANY and Concrete Services, Inc., Defendants.

Supreme Court of South Carolina.

Decided January 22, 1990.

Attorney(s) appearing for the Case

Peter D. Hyman and Mary Wells of Hyman, Brown, Jeffords, Rushton & Hatfield, Florence, and Richard J. Storrs and Robert O. Fleming, Jr. of Smith and Fleming, Atlanta, for plaintiffs.

Judith Honeycutt and Preston B. Haines, III, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, Myrtle Beach, for defendant, Carlisle Const. Group.

Robert J. Moran, Jr. of Murrells Inlet, for defendant, Concrete Services, Inc.

Heard Dec. 4, 1989.

Decided Jan. 22, 1990.

GREGORY, Chief Justice:

This is a certified question seeking a determination whether a subcontractor can claim a mechanic's lien under S.C. Code Ann. § 29-5-20 (Supp. 1988)1 for rental charges on leased equipment used in construction.

Plaintiff Hardin Construction Group, Inc. (Hardin), a general contractor, subcontracted with Tiller Construction Company (Tiller) to...

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