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KINNEBREW v. CM TRUCKING & CONST., INC.

No. 44511-1-I.

6 P.3d 1235 (2000)

Joseph E. KINNEBREW and Ellen C. Kinnebrew, husband and wife, and the marital community composed thereof, Respondents, v. CM TRUCKING & CONSTRUCTION, INC., a Washington corporation, Appellant, Washington International Insurance Company, Contractor's Bond No. S4007090, Defendants.

Court of Appeals of Washington, Division 1.

August 28, 2000.

Attorney(s) appearing for the Case

John Russel Shultz, Burlington, for Respondents.

Joseph L. Broadbent, Mount Vernon, for Appellant.

APPELWICK, J.

CM Trucking & Construction (CM Trucking) and Joseph E. Kinnebrew entered into a time and material contract. Kinnebrew contested the billing and failed to pay under the contract. CM Trucking filed a claim of lien on the property based on RCW 61.04. Kinnebrew filed an action to dismiss the lien and CM Trucking counterclaimed to foreclose the lien. Unable to obtain financing, Kinnebrew requested a lien release, and CM Trucking agreed to release the...

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