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DAVIS ELECTRIC, INC. v. SHOWALTER

No. 89,044

31 Kan.App. 2d 318 (2003)

64 P.3d 456

DAVIS ELECTRIC, INC., Appellee, v. SHANE SHOWALTER, d/b/a STEEL MILL BAR and GRILL; STEEL MILL BAR and GRILL, LLC; SUSAN WEBB, Defendants, and SECURITY STATE BANK OF SCOTT CITY, KANSAS, Appellant, and NORTH AMERICAN TURF, LLP; BT PLUMBING, INC.; UNGERS HEATING AND AIR CONDITIONING, INC.; WARDS GARDEN CITY, INC.; LANOGA CORPORATION Through Its Subdivision, UNITED BUILDING CENTERS of GARDEN CITY, KANSAS; Appellees, and KLOTZ SAND COMPANY, INC.; and MIDWEST STEEL, INC., Defendants.

Court of Appeals of Kansas

Opinion filed February 28, 2003.

Attorney(s) appearing for the Case

John Shirley and Keen K. Brantley, of Wallace, Brantley & Shirley, of Scott City, for appellant.

E. Edward Brown, of Calihan, Brown, Burgardt, Wurst & Daniel, P.A., of Garden City, for appellee Davis Electric, Inc.

John M. Lindner, of Lindner & Marquez, of Garden City, for appellees BT Plumbing, Inc., Ungers Heating and Air Conditioning, Inc., and Wards Garden City, Inc.

Charles E. Owen, II, of Charles E. Owen, II, P.A., of Garden City, for appellee Lanoga Corporation.

Before KNUDSON, P.J., BRAZIL, S.J., and BUCHELE, S.J.

KNUDSON, J.:

In a foreclosure proceeding, Security State Bank of Scott City (Security) appeals the trial court's finding that the liens of contractors and suppliers were preferred to June 21, 2000, the day before Security filed its second mortgage securing a note for $295,000.

The facts are not in material dispute. Shane Showalter was building the Steel Mill Bar and Grill in Garden City, Kansas. Davis Electric...

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