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DRYWALL INTERIOR SYSTEMS v. LADUE BLDG.

No. 62978.

857 S.W.2d 523 (1993)

DRYWALL INTERIOR SYSTEMS CONSTRUCTION, INC., a Missouri Corporation, Appellant, v. LADUE BUILDING & ENGINEERING CORPORATION, a Missouri Corporation, Respondent.

Missouri Court of Appeals, Eastern District, Division Seven.

July 13, 1993.

Attorney(s) appearing for the Case

Warren W. Friedman, St. Louis, for appellant.

Suelthaus & Kaplan, P.C., Gino F. Battisti, St. Louis, for respondent.

KAROHL, Chief Judge.

Drywall Interior Systems Construction, Inc. [DISC] filed a petition against Ladue Building and Engineering Corporation [LBE] for breach of contract. The trial court sustained LBE's motion to dismiss, treating it as a motion for summary judgment. DISC was aware of an equitable mechanic's lien action filed pursuant to Sections 429.290 and 429.300 RSMo 1986 involving the real estate which was the subject of its contract, but failed to intervene....

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