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METROPOLITAN FEDERAL BANK v. A.J. ALLEN

No. 90-1380.

477 N.W.2d 668 (1991)

METROPOLITAN FEDERAL BANK OF IOWA, Appellant, v. A.J. ALLEN MECHANICAL CONTRACTORS, INC. and Baker Electric, Inc., Appellees, and ABAS Partnership, a General Partnership, A.Y. Al-Shash, Ala Daghestani, Jeffrey Smith, Wayne Dennis Supply Company, Hansen Contractors, Ltd., Kennedy and Company, Allied Roofing Services, Inc., and Color, Inc., a Division of Allied, Defendants.

Supreme Court of Iowa.

Rehearing Denied December 30, 1991.

Attorney(s) appearing for the Case

William R. Stiles of Smith, Schneider, Stiles, Mumford, Schrage, Zurek, Wimer & Hudson, P.C., Des Moines, for appellant.

Curtis G. McCormick and Carol A. Wendl of Neiman, Neiman, Stone & Spellman, P.C., Des Moines, for appellee A.J. Allen Mechanical Contractors, Inc.

Roger T. Stetson and Margaret C. Callahan of Belin Harris Lamson McCormick, P.C., Des Moines, for appellee Baker Elec., Inc.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, NEUMAN, and ANDREASEN, JJ.

McGIVERIN, Chief Justice.

This case presents the question of whether certain contractors waived their rights to claim mechanics' liens prior in right to the claims of a construction mortgagee. The district court concluded that the contractors had not waived their rights. We agree and affirm.

I. Background facts and proceedings. This dispute arose out of the construction of a strip mall in Des Moines by ABAS Partnership and its individual partners A...

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