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BUSH MACHINERY v. KANSAS CITY FACTORY

No. WD 60217.

81 S.W.3d 121 (2002)

BUSH CONSTRUCTION MACHINERY, INC., Appellant, v. KANSAS CITY FACTORY OUTLETS, L.L.C. Stahl Construction Company, Heartland Corporation, Michigan National Bank and Michael G. O'Flaherty, Trustee for Michigan National Bank, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 28, 2002.

Application for Transfer Denied August 27, 2002.

Attorney(s) appearing for the Case

Thomas D. Rodenberg, Blue Springs, MO, for appellant.

Gary V. Fulghum, Kansas City, MO, for respondent.

Before LOWENSTEIN, P.J., NEWTON and EDWIN H. SMITH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 28, 2002.

HAROLD L. LOWENSTEIN, Judge.

Bush Construction Machinery, Inc. (Bush) filed its second appeal from the trial court's judgment dismissing its petition, which included a count for enforcement of a mechanic's lien against property in Odessa owned by the Kansas City Factory Outlets, L.L.C. (Respondents), for the nonpayment of equipment rental fees. This court dismissed Bush's first appeal...

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