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J.H. BERRA PAVING CO. v. CITY OF EUREKA

No. ED 78693.

50 S.W.3d 358 (2001)

J.H. BERRA PAVING CO., INC., Respondent, v. CITY OF EUREKA, Missouri, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

July 17, 2001.

Attorney(s) appearing for the Case

Katherine L. Butler, Patrick S. Butler, Eureka, MO, for appellant.

David L. Welsh, St. Louis, MO, for respondent.

CLIFFORD H. AHRENS, Presiding Judge.

City of Eureka ("City") appeals the grant of respondent's, J.H. Berra Paving Co., Inc. ("Berra"), motion for summary judgment to enforce its mechanic's lien on Lot 243 of Vista Glen Addition Phase Two. City claims the trial court erred in granting the motion because: (1) the trial court was without jurisdiction to enforce Berra's mechanic's lien due to Berra's failure to join City as a necessary party within the applicable statute...

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