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FIRST UNION NAT. BANK v. RPB 2, LLC

No. 20030021.

674 N.W.2d 1 (2004)

2004 ND 29

FIRST UNION NATIONAL BANK as Indenture Trustee, Plaintiff and Appellee v. RPB 2, LLC, a Colorado Limited Liability Company, d/b/a Palace Arms Hotel and Bismarck Hotel; Robert P. Brown; WML Services Corporation; David Schumacher; Alexandra K. Johnson; Mariner Construction, Inc.; Dakota Boys Ranch; Workforce Safety & Insurance; North Dakota State Tax Commissioner; United States of America; Bismarck Capital, LLC; Robert J. Pepe and Claire Pepe; Don Hermanson, dba Able Painting & Contracting; any person in possession; and all persons unknown, claiming any estate or interest in, or lien or encumbrance upon, the real estate described in the Complaint, Defendants. Don Hermanson, dba Able Painting & Contracting, Defendant and Appellant.

Supreme Court of North Dakota.

January 28, 2004.

Attorney(s) appearing for the Case

Lawrence R. Klemin (argued), and Steven M. Bitz (appeared), third-year law student, Bucklin, Klemin & McBride, Bismarck, ND, for plaintiff and appellee First Union National Bank.

Michael J. Maus, Hardy, Maus & Nordsven, P.C., Dickinson, ND, for defendant and appellant Don Hermanson, dba Able Painting & Contracting.

KAPSNER, Justice.

[¶ 1] Don Hermanson, doing business as Able Painting and Contracting ("Hermanson"), appeals the district court's summary judgment dismissal of his mechanic's lien. The district court concluded the plain language of the statute did not require consideration to waive a lien and Hermanson signed an effective lien waiver. We conclude the district court did not err when it dismissed Hermanson's claim of a mechanic's lien on the Palace Arms Hotel...

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