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BENDER v. AVIKO USA L.L.C.

No. 20010162.

638 N.W.2d 545 (2002)

2002 ND 13

William BENDER, assignee of Basic Concrete, Inc., Plaintiff and Appellant v. AVIKO USA L.L.C.; f/k/a American Prairie Foods, L.L.C., Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied February 26, 2002.

Attorney(s) appearing for the Case

Jeffrey S. Weikum (argued), Pagel Weikum Law Firm, and William Bender (on brief), pro se, Bismarck, for plaintiff and appellant.

Joseph F. Larson II, Larson Law Firm, Jamestown, for defendant and appellee.

KAPSNER, Justice.

[¶ 1] William Bender appeals a summary judgment voiding his mechanic's lien. Finding no genuine issue of material fact, we affirm the summary judgment.

I

[¶ 2] In September of 1995, Aviko USA L.L.C. ("Aviko"), then known as American Prairie Food, L.L.C., contracted with Lindberg Brothers, Inc. ("Lindberg") for the construction of a potato plant in Jamestown. In turn, Lindberg entered into a subcontract with Basic Concrete...

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