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SAUER v. AMERICAN BITUMINOUS POWER PARTNERS

No. 22087.

451 S.E.2d 451 (1994)

192 W.Va. 150

SAUER, INC., a Pennsylvania Corporation, Plaintiff Below, Appellant, v. AMERICAN BITUMINOUS POWER PARTNERS, L.P. LIMITED PARTNERSHIP, a Delaware Limited Partnership; Fru-Con Construction Corporation; North Marion Development, Inc., a West Virginia Corporation; Horizon Ventures of West Virginia, Inc., a West Virginia Corporation; and Songer Corporation, a Pennsylvania Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 23, 1994.

Attorney(s) appearing for the Case

Alfred J. Lemley, Furbee, Amos, Webb & Critchfield, Fairmont, and George D. Wenick, Smith & Fleming, Atlanta, GA, for appellant.

Kimberly Luff Wakim, Mark F. Nowak, Thorp, Reed & Armstrong, Pittsburgh, PA, for appellees.

PER CURIAM:

This is an appeal by Sauer, Inc., from an order of the Circuit Court of Marion County dismissing its action to enforce a mechanic's lien. In granting the dismissal, a dismissal under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure, the circuit court found that Sauer, Inc., had failed to comply with the accounting requirements of W.Va. Code § 38-2-19 to maintain a mechanic's lien and that it was thus banned from enforcing the lien. On appeal...

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