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NATIONAL REST. CO. v. MERIT GEN. CONTRACTORS, INC.

No. 99,936.

208 P.3d 755 (2009)

NATIONAL RESTORATION COMPANY, Plaintiff, v. MERIT GENERAL CONTRACTORS, INC., Defendant/Appellee, and Wichita Sheet Metal Supply, Inc., dba All American Supply Co., Defendant/Appellant. Wichita Sheet Metal Supply, Inc., dba All American Supply Co., Third-party Plaintiff/Appellant, v. Goss Service Company, Inc., and Jay E. Goss, Third-party Defendants.

Court of Appeals of Kansas.

May 22, 2009.

Attorney(s) appearing for the Case

Calvin L. Wiebe, of Wiebe Law Office, P.A., of Wichita, for appellant.

Thomas M. Moore and Jody R. Gondring, of Moore & Hennessy, P.C., of Kansas City, Missouri, for appellee.

Before McANANY, P.J., GREEN and BUSER, JJ.

GREEN, J.

This case concerns the validity of a mechanic's lien filed by Wichita Sheet Metal Supply, Inc. (WSM) under K.S.A. 60-1103(a)(1). The mechanic's lien statement filed by WSM named Merit Construction Company, Inc., as the general contractor on a construction project when Merit General Contractors, Inc., a separate entity, was the actual general contractor. The trial court determined that the mechanic's lien was fatally defective and unenforceable due to WSM...

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