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BORRENPOHL v. DABEERS PROPERTIES, LLC

No. S-07-980.

755 N.W.2d 39 (2008)

276 Neb. 426

Mike BORRENPOHL, doing business as Borrenpohl Excavating, Appellant, and Steve Bartels, doing Business as Steve Bartels Construction, appellee and cross-appellant, v. DABEERS PROPERTIES, L.L.C., a limited liability company, and The Carson National Bank of Auburn, appellees, and Bank of Bennington, appellee and cross-appellee.

Supreme Court of Nebraska.

August 15, 2008.

Attorney(s) appearing for the Case

Thomas L. Morrissey, of Morrissey, Morrissey & Dalluge, Tecumseh, for appellant Mike Borrenpohl and appellee Steve Bartels.

Michael T. Eversden, of McGrath, North, Mullin & Kratz, PC, L.L.O., Omaha, for appellee Bank of Bennington.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

MILLER-LERMAN, J.

NATURE OF CASE

This appeal involves a dispute over lien priorities. Mike Borrenpohl, doing business as Borrenpohl Excavating (Borrenpohl), and Steve Bartels, doing business as Bartels Construction (Bartels), filed suit in the district court for Pawnee County against DaBeers Properties, L.L.C. (DaBeers); The Carson National Bank of Auburn (Carson); and the Bank of Bennington (the Bank) to foreclose...

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