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LANE MYERS CONST. v. NATIONAL CITY BANK

No. 20121004.

342 P.3d 749 (2014)

2014 UT 58

LANE MYERS CONSTRUCTION, LLC, Respondent, v. NATIONAL CITY BANK, National City Bank of Indiana, Petitioners.

Supreme Court of Utah.

December 19, 2014.

Attorney(s) appearing for the Case

Rick L. Sorensen , Salt Lake City, for respondent.

Lincoln Harris , Zachary E. Peterson , Paul P. Burghardt , Salt Lake City, for petitioners.

Justice LEE authored the opinion of the Court, in which Justice PARRISH joined and in which Chief Justice DURRANT and Justice DURHAM each joined in part.

¶ 1 Dick and Kim Kyker hired Lane Myers Construction to build two separate homes. The Kykers secured a construction loan through National City Bank, and the bank periodically paid Lane Myers on draw request forms that included language stating that Lane Myers had no lien on the property. The question presented...

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