GEORGE W. KANE, INC. v. NUSCOPE, INC.

Record No. 910961.

416 S.E.2d 701 (1992)

GEORGE W. KANE, INC., et al. v. NUSCOPE, INC.

Supreme Court of Virginia.

April 17, 1992.


Attorney(s) appearing for the Case

Diana A. Grossi, Washington, D.C., John C. Hayes, Jr. (Bonner & O'Connell, Richmond, on briefs), for appellants.

William B. Cave (Felton & Cave, on brief), Richmond, for appellee.

Present CARRICO, C.J., COMPTON, STEPHENSON, WHITING, HASSELL and KEENAN, JJ., and POFF, Senior Justice.


POFF, Senior Justice.

The issue framed by the parties to this appeal is whether the owner of property encumbered by a subcontractor's mechanic's lien and the trustees and the beneficiary of a deed of trust recorded prior to commencement of the improvements are necessary parties to the subcontractor's suit to enforce its lien when that lien has been "bonded off" and released pursuant to Code § 43-71. Insofar as relevant to that issue, the facts are not in dispute...

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