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ALMONT LUMBER & EQUIPMENT, CO. v. DIRK

Civil No. 980061.

585 N.W.2d 798 (1998)

1998 ND 187

ALMONT LUMBER & EQUIPMENT, CO., a/k/a Marshall Lumber Company, a corporation, Plaintiff and Appellant, v. Mainard B. DIRK and Sandy K. Dirk, Defendants and Appellees.

Supreme Court of North Dakota.

October 30, 1998.

Attorney(s) appearing for the Case

Cynthia M. Feland, Carson, for plaintiff and appellant.

Todd D. Kranda, of Kelsch, Kelsch, Ruff & Kranda, Mandan, for defendants and appellees.

MARING, Justice.

[¶ 1] Almont Lumber and Equipment Company, also known as Marshall Lumber Company (Marshall Lumber), appeals from a judgment denying it foreclosure of a mechanic's lien recorded against the home of Mainard B. and Sandy K. Dirk. We conclude the trial court did not err in denying Marshall Lumber foreclosure of the mechanic's lien, so we affirm the judgment.

[¶ 2] Marshall Lumber sells wholesale and retail building materials. Marshall...

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