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NATIONAL LUMBER COMPANY v. UNITED CASUALTY AND SURETY INSURANCE COMPANY, INC.

440 Mass. 723 (2004)

NATIONAL LUMBER COMPANY vs. UNITED CASUALTY AND SURETY INSURANCE COMPANY, INC., & others (and a companion case).

Supreme Judicial Court of Massachusetts, Worcester.

January 22, 2004.

Attorney(s) appearing for the Case

Thomas I. Elkind (Lawrence M. Kraus with him) for LeFrancois Construction Corporation.

Louis J. Caccavaro, Jr. (Mark E. Barnett with him) for National Lumber Company.

Marshall F. Newman for Northeastern Retail Lumber Association & another, amici curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

COWIN, J.

We are asked to decide an issue of statutory interpretation: whether a mechanic's lien recorded pursuant to G. L. c. 254, § 4, includes contractual interest and reasonable attorney's fees incurred in enforcing the lien. We conclude that it does not.3

1. Background. This is the second appeal in a case that began as an in rem proceeding to enforce a mechanic's lien. The facts underlying the plaintiff's claim...

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