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BATES COUNTY REDI-MIX, INC. v. WINDLER

No. WD 63152.

162 S.W.3d 98 (2005)

BATES COUNTY REDI-MIX, INC., Appellant, v. Loren D. and Debbie K. WINDLER, d/b/a Windler Backhoe Services, Defendant, Michelle L. Cole, Respondent, and National City Mortgage, d/b/a Commonwealth United, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 29, 2005.

Attorney(s) appearing for the Case

Lynn K. Ballew, Harrisonville, for appellant.

Richard Koehler, Butler, Dennis Campbell Owens, Kansas City, for Michelle Cole, respondent.

John Pursley, Butler, and Jeffrey Weisman, Earth City, for National City Mortgage, respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 29, 2005.

RONALD R. HOLLIGER, Judge.

Bates County Redi-Mix, Inc., ("Bates") appeals from a judgment denying it a mechanic's lien against property owned by Michelle Cole. It is undisputed that Bates furnished concrete to the subcontractor of a general contractor hired by Cole. The concrete was improperly installed, rendering the entire foundation...

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