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JIMMY JONES EXCAVATION v. LAWRENCE BANK

No. SD 32105.

405 S.W.3d 569 (2013)

JIMMY JONES EXCAVATION, INC., et al., Respondents, v. LAWRENCE BANK, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

July 3, 2013.

Attorney(s) appearing for the Case

Robert M. Pitkin and Ryan Curtis Westhoff , Levy Craig Law Firm, Kansas City, for Appellant.

Richard L. Schnake and Judson B. Poppen , Neale & Newman, LLP, Springfield, for Respondent, Jimmy Jones Excavation, Inc.

DANIEL E. SCOTT, P.J.

We consider the "section 7.2(b) exception" to mechanic's lien priority noted by our supreme court recently in Bob DeGeorge Associates, Inc. v. Hawthorn Bank, 377 S.W.3d 592, 600-02 (Mo. banc 2012).1 This is one of several appeals from an extensive bench trial involving many lien claimants, property owners, and lenders. This particular appeal and its dispositive issue are...

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