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THATCHER & SONS v. NORWEST BANK CASPER

No. 87-124.

750 P.2d 1324 (1988)

THATCHER & SONS, INC., a Wyoming corporation, Appellant (Plaintiff), v. NORWEST BANK CASPER, N.A., Appellee (Defendant), Glenrock Development Corporation and Black Hills Bentonite, (Defendants).

Supreme Court of Wyoming.

March 8, 1988.

Attorney(s) appearing for the Case

Patrick J. Murphy of Williams, Porter, Day & Neville, P.C., Casper, for appellant.

William W. Harden, Casper, for appellee.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.

MACY, Justice.

This is an appeal from a partial summary judgment giving the mortgage of appellee-defendant Norwest Bank Casper, N.A. (the Bank) priority over the lien of appellant-plaintiff Thatcher & Sons, Inc. (Thatcher). The issues raised by Thatcher are (1) whether the priority of a subcontractor's lien relates back to the commencement of construction on a project, and if so (2) whether cessation of construction precludes such a relation back. In response...

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