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NATIONAL LUMBER COMPANY v. LeFRANCOIS CONSTRUCTION CORPORATION

2002 Mass. App. Div. 228 (2002)

National Lumber Company v. LeFrancois Construction Corporation, as a corporation and as trustee of the Mark Peter Realty Trust, Dean S. Schwartz and Stephanie S. Schwartz consolidated with National Lumber Company v. United Casualty and Surety Insurance Company, Dean S. Schwartz and Stephanie S. Schwartz

Massachusetts Appellate Division, Western District.

December 31, 2002.

Attorney(s) appearing for the Case

Mark E. Barnett for the plaintiff.

Thomas I. Elkind for the defendant.

Present: LoConto, P.J., Ripps and Rutberg, JJ.

Rutberg, J.

In this case of first impression, we are asked to determine whether the sum secured by a valid mechanic's lien includes contracted for attorneys' fees1 and interest earned on the secured sum during the pendency of the underlying litigation. In view of the long and arduous path of this litigation, the issue presented is of more than academic interest to the parties.

This matter began in 1995 when LeFrancois Construction...

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