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ULTRAWALL, INC. v. WASHINGTON MUT. BANK

Nos. 26366, 26367.

25 P.3d 855 (2001)

135 Idaho 832

ULTRAWALL, INC., an Idaho corporation; and Scott Trepagnier, Defendants-Counterclaimants-Cross Complaints-Appellants, v. WASHINGTON MUTUAL BANK, FSB, a Federal Association, Defendant-Counterclaimant-Cross Claimant-Respondent.

Supreme Court of Idaho, Boise, March 2001 Term.

June 5, 2001.

Attorney(s) appearing for the Case

Barry Peters, Eagle, argued for the appellants.

Davison, Copple, Copple, Copple & Ludwig, Boise, for respondent. Terri R. Pickens argued.

WALTERS, Justice.

This is an appeal by Ultrawall, Inc. (Ultrawall) from the district court's grant of summary judgment in favor of Washington Mutual Bank (Washington Mutual). The district court ruled that Washington Mutual's mortgage was entitled to be paid prior to Ultrawall's mechanic's lien in a foreclosure action. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

This case concerns the lien priority for two construction projects undertaken in the...

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