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LHC, INC. v. ALVAREZ

No. DA 06-0407.

160 P.3d 502 (2007)

2007 MT 123

LHC, INC., a Montana corporation, Plaintiff and Respondent, v. Roberto ALVAREZ, as Trustee of the Alvarez Family Trust u/d/t dated October 10, 1088, Defendant and Appellant, and First National Bank of Montana, Inc., Defendant.

Supreme Court of Montana.

Decided May 30, 2007.

Attorney(s) appearing for the Case

For Appellant: Phillip J. O'Connell, Missoula, Montana.

For Respondent: Paul G. Sandry and Scott G. Hilderman, Johnson, Berg, McEvoy & Bostock, PLLP, Kalispell, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Plaintiff LHC, Inc., filed a construction lien against defendant Roberto Alvarez and defendant First National Bank of Montana, Inc. The Bank was later dismissed pursuant to the stipulation of the parties. LHC, a concrete and gravel supplier, had supplied concrete to John Young, d/b/a D Bar J Logging, Inc., and D Bar J Asphalt (Young), a contractor employed by Alvarez to do paving work. Young...

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