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WINGER CONTRACTING COMPANY v. CARGILL, INCORPORATED

No. 17-1169.

926 N.W.2d 526 (2019)

WINGER CONTRACTING COMPANY, Appellant, v. CARGILL, INCORPORATED, Appellee. Tracer Construction, LLC, Plaintiff, v. Cargill, Incorporated, Appellee, and Winger Contracting Company, Peterson Contractors, Inc., American Piping Group, Inc., Tri-City Electric Company of Iowa, and TAI Specialty Construction, Inc., Appellants.

Supreme Court of Iowa.

Filed April 12, 2019.

Attorney(s) appearing for the Case

Nick Critelli and Lylea D. Critelli of CritelliLaw, P.C., Des Moines, and Patrick Curran of Harrison , Moreland, Webber & Simplot, P.C., Ottumwa, for appellant Winger Contracting Company.

Abby S. Wessel of Rickert & Wessel Law Office, P.C., Reinbeck, for appellant Peterson Contractors, Inc.

Benjamin J. Patterson and Timothy B. Gulbranson of Lane & Waterman LLP, Davenport, for appellants American Piping Group, Inc.; Tri-City Electric Company of Iowa; and TAI Specialty Construction, Inc.

John F. Fatino and Erik S. Fisk of Whitfield & Eddy, P.L.C., Des Moines, for appellant Tracer Construction, LLC (until withdrawal).

Dana L. Oxley , Samuel E. Jones , and Jared S. Adam of Shuttleworth & Ingersoll, PLC, Cedar Rapids, for appellee.

In this case, we are called upon to decide whether mechanic's liens arising from the provision of materials and labor to a lessee attach to the property of the lessor under the facts and circumstances of this case. The case also presents the question of whether a construction mortgage lien ultimately obtained by the owner of the...

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