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FRONTIER PROPERTIES CORP. v. SWANBERG

No. 91-585.

488 N.W.2d 146 (1992)

FRONTIER PROPERTIES CORPORATION, A Nebraska Corporation, Appellee, v. Donald C. SWANBERG and Roberta D. Swanberg, Appellants.

Supreme Court of Iowa.

Rehearing Denied July 29, 1992.

Attorney(s) appearing for the Case

C.R. Hannan of Perkins, Sacks, Hannan, Reilly and Petersen, Council Bluffs, for appellants.

David F. McCann of Dippel and McCann, Council Bluffs, for appellee.

Considered by SCHULTZ, P.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.

LAVORATO, Justice.

The decisive issue in this appeal is whether our mechanic's lien law preempts a contractor's common-law action for work and materials furnished. In this case, the contractor originally sued to foreclose a mechanic's lien for work and materials it furnished in constructing a home. Later, the contractor added a count for express and implied contract for the work and materials. On the eve of trial, the contractor dropped the foreclosure count and went...

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