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KM UPSTREAM, LLC v. ELKHORN CONST., INC.

Nos. S-11-0185, S-11-0207, S-11-0186, S-11-0208.

278 P.3d 711 (2012)

2012 WY 79

KM UPSTREAM, LLC, a Delaware limited liability company, Appellant (Defendant), v. ELKHORN CONSTRUCTION, INC., a Wyoming corporation, Appellee (Plaintiff). Elkhorn Construction, Inc., a Wyoming corporation, Appellant (Plaintiff), v. KM Upstream, LLC, a Delaware limited liability company, Appellee (Defendant).

Supreme Court of Wyoming.

June 6, 2012.

Attorney(s) appearing for the Case

Representing KM Upstream, LLC: Drake D. Hill , Rebecca H. Noecker , and Michael L. Beatty of Beatty, Wozniak & Reese, PC. Argument by Ms. Noecker.

Representing Elkhorn Construction, Inc.: Mark W. Harris of Harris Law Firm, PC; Scott D. Cessar and Audrey K. Kwak of Eckert Seamans Cherin & Mellott, LLC. Argument by Mr. Cessar.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

VOIGT, Justice.

[¶ 1] The district court granted summary judgment to Elkhorn Construction, Inc. (Elkhorn), a subcontractor, on its mechanic's lien claim against KM Upstream, LLC (KM), the owner of an amine plant, the construction of which plant underlies all the issues of this case.1 KM appealed, arguing that summary judgment was improper because of the existence of genuine issues of material fact, and because the district court did...

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