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SCHAFFER v. FRANK MOYER CONST., INC.

No. 96-366.

563 N.W.2d 605 (1997)

Gregory R. SCHAFFER d/b/a Gregory R. Schaffer Construction, Appellant, v. FRANK MOYER CONSTRUCTION, INC., Appellee.

Supreme Court of Iowa.

May 21, 1997.

Attorney(s) appearing for the Case

Catherine Dietz-Kilen and Harvey L. Harrison of Harrison & Dietz-Kilen, Des Moines, for appellant.

John Haraldson and Robert J. Kuhle of Law Office of Robert J. Kuhle, P.C., West Des Moines, and David L. Wetsch, Des Moines, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, SNELL, and TERNUS, JJ.

CARTER, Justice.

Gregory Schaffer, a finish carpentry contractor for the construction of a new home, appeals from a judgment dismissing his action to foreclose a mechanic's lien. In sustaining a motion to dismiss the petition, the district court concluded that Schaffer's lien was unenforceable because the property was an owner-occupied dwelling, and he had not given notice to the owners as required by Iowa Code section...

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