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SHADE v. WHEATCRAFT INDUSTRIES, INC.

No. 64729.

809 P.2d 538 (1991)

248 Kan. 531

Dale B. SHADE, d/b/a Shade Construction Company, and William H. Younger, d/b/a Younger Electric, Appellants, v. WHEATCRAFT INDUSTRIES, INC., Defendant, and Diversified Financial Planners, Inc., and City of Gorham, Kansas, Appellees/Cross-appellants/Cross-appellees.

Supreme Court of Kansas.

April 12, 1991.

Attorney(s) appearing for the Case

Glenn R. Braun of Glassman, Bird & Braun, Hays, argued the cause and was on the brief, for appellant.

Dennis R. Davidson of Thompson, Arthur & Davidson, Russell, argued the cause and was on the briefs, for appellee/cross-appellant Diversified Financial Planners, Inc.

Kenneth L. Cole of Woelk and Cole, Russell, argued the cause and was on the briefs, for appellee/cross-appellant City of Gorham.

SIX, Justice:

The issue for resolution in this real property case deals with the contested priority of purchase money mortgages and mechanics' liens. The priority issue is raised by an action to foreclose mechanics' liens and mortgages.

The Court of Appeals affirmed the trial court in an unpublished opinion. We granted the mechanics' lienholders' petition for review.

We resolve the priority contest in favor of the mechanics' lienholders, overrule ...

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