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ERB-RESTRICK LUMBER CO. v. LOVETT BUILDERS, INC.

Calendar No. 12, Docket No. 50,512.

374 Mich. 318 (1965)

132 N.W.2d 129

ERB-RESTRICK LUMBER CO. v. LOVETT BUILDERS, INC.

Supreme Court of Michigan.

Decided January 5, 1965.

Attorney(s) appearing for the Case

Bank & Pollick, for plaintiff.

C. Bryan Kinney, for defendant Pontiac Federal Savings & Loan Association.

PER CURIAM:

This is an appeal from an order dismissing a bill of complaint to foreclose a mechanic's lien. The opinion of the trial judge upon which the order was based is herewith set forth.

"I am granting the motion to dismiss. I do not believe this mechanic's lien statute* destroys the priority of a valid mortgage given before the creation of the debt supporting the mechanic's lien...

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