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GEORGE WEIS CO. v. LKS CONST. AND DEVELOP. CO.

No. ED 92023.

284 S.W.3d 737 (2009)

GEORGE WEIS COMPANY, Appellant, v. LKS CONSTRUCTION AND DEVELOPMENT COMPANY, LLC, William Schierholz and Rising Phoenix Development, LLC, Defendants, and New Town Center, LLC, Richard F. Mayer, Trustee Bank of Washington, Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 2, 2009.

Application for Transfer Denied June 30, 2009.

Attorney(s) appearing for the Case

David M. Duree, O'Fallon, IL, for Appellant.

Steven P. Kuenzel, Washington, MO, for Respondent.

Before ROY L. RICHTER, P.J., LAWRENCE E. MOONEY, J., and GEORGE W. DRAPER III, J.

ORDER

PER CURIAM.

George Weis Company (hereinafter, "Weis") appeals from the trial court's grant of summary judgment in favor of New Town Center, LLC, Richard F. Mayer, Trustee, and Bank of Washington (hereinafter and collectively, "Defendants") on Weis' petition to enforce a mechanic's lien. Weis raises two points on appeal, arguing genuine issues of material fact exist such that summary judgment was improper. First, Weis argues summary judgment was granted...

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