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WEIMAR v. LYONS

No. DA 06-0106.

164 P.3d 922 (2007)

2007 MT 182

William C. WEIMAR, Plaintiff and Appellant, v. Mike LYONS, individually and doing business as Lyons Concrete, Lyons Concrete, Inc., a dissolved corporation, Does 1 through 10, Defendants and Respondents. Mike Lyons, individually and d/b/a Lyons Concrete, Inc., Counterclaimant and Respondent, v. William C. Weimar, Counterclaim Defendant and Appellant.

Supreme Court of Montana.

Decided August 1, 2007.

Attorney(s) appearing for the Case

For Appellant: Wilmer E. Windham, Polson, Montana.

For Respondent: Matthew H. O'Neill, Polson, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Plaintiff William C. Weimar (Weimar) and Defendant Mike Lyons, individually and d/b/a Lyons Concrete, Inc. (individually and collectively "Lyons," as appropriate), entered into an agreement under which Lyons would construct certain concrete works on Weimar's property. Disputes over payment arose, leading to Lyons' filing of a construction lien on Weimar's property...

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