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BOB DeGEORGE ASSOCIATES v. HAWTHORN BANK

No. SC 91897.

377 S.W.3d 592 (2012)

BOB DeGEORGE ASSOCIATES, INC., Respondent, KD Christian Construction Co., Respondent, v. HAWTHORN BANK, Appellant.

Supreme Court of Missouri, En Banc.

September 11, 2012.

Attorney(s) appearing for the Case

Clay Britton , John T. Coghlan , Brett Coppage , Lathrop & Gage LLP, Kansas City, for Hawthorn Bank.

Amy J. Tillery , Danne Webb , Ande S. McMurtry , Horn, Aylward & Bandy LLC, Kansas City, for DeGeorge.

G. Stephen Ruprecht , David A. Meyers , Brown & Ruprecht PC, Kansas City, for KD Christian.

Duane E. Schreimann , Michael Smidt , of Schreimann, Rackers, Francka & Blunt LLC, Jefferson City, for Missouri Bankers Ass'n, which filed a brief as a friend of the Court.

Lee B. Brummit , Patrick C. Guiness , Dysart, Taylor, Cotter, McMonigle & Montemore PC, Kansas City, for The Builders' Association and The American Subcontractors Association-Kansas City Chapter, which filed a brief as a friend of the Court.

PATRICIA BRECKENRIDGE, Judge.

Hawthorn Bank appeals the trial court's entry of summary judgment in favor of Bob DeGeorge Associates, Inc., and KD Christian Construction Company on Hawthorn Bank's claim that its purchase-money deed of trust takes priority over the mechanics' liens filed by DeGeorge and KD Christian, despite the purchase-money deed of trust being recorded after the mechanics' liens attached to the property. Hawthorn Bank claims that the trial court...

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