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JOHNSON LUMBER COMPANY, INC. v. WOODSCAPE HOMES, INC.

No. 98-P-902.

51 Mass. App. Ct. 323 (2001)

JOHNSON LUMBER COMPANY, INC. v. WOODSCAPE HOMES, INC., & others.

Court of Appeals of Massachusetts, Essex.

April 12, 2001.

Attorney(s) appearing for the Case

Nancy Von Kittlitz for the plaintiff.

Hugh W. Samson for Carol Y. Hoy & others.

Present: PERRETTA, GILLERMAN, & GELINAS, JJ.

PERRETTA, J.

On March 18, 1997, Johnson Lumber Company (Johnson) filed a notice of contract and statement of account pursuant to the so-called "mechanic's lien statute," G. L. c. 254, as amended by St. 1996, c. 364, for the cost of lumber that it supplied to Woodscape Homes, Inc. (Woodscape), in 1996 for the construction of houses. When Johnson thereafter brought this action in the Superior Court to enforce its liens, the

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