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SAUM v. L. R. FOY CONSTRUCTION CO., INC.

No. 39006.

212 N.W.2d 648 (1973)

190 Neb. 783

A. W. SAUM, d/b/a A. W. Saum & Sons, Appellee, v. L. R. FOY CONSTRUCTION CO., INC., Appellee, Cross-Appellant, Impleaded with General Wholesale Co-Operative Company, Appellant, Cross-Appellee.

Supreme Court of Nebraska.

November 30, 1973.

Attorney(s) appearing for the Case

Deutsch & Hagen, Thomas H. DeLay, Norfolk, for appellant.

Thomas E. Brogan, Brogan & Stafford, Norfolk, for appellee Saum.

Jewell, Otte & Gatz, Norfolk, for appellee L. R. Foy Constr. Co.

Heard before SPENCER, SMITH and CLINTON, JJ., and BRODKEY and HASTINGS, District Judges.

SMITH, Justice.

In a suit for foreclosure of a mechanic's lien claimed by a subcontractor, A. W. Saum, in connection with construction of an addition to a warehouse building, the District Court awarded: (1) Foreclosure; (2) personal judgments for Saum and against the contractor, L. R. Foy Construction Co., Inc., and the landowner, General Wholesale Co-Operative Company; and (3) personal judgments for Foy and against Saum and General Wholesale. The court also dismissed...

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