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MLM CONST. CO., INC. v. PACE CORP.

No. 1 CA-CV 90-0502.

172 Ariz. 226 (1992)

836 P.2d 439

MLM CONSTRUCTION CO., INC., an Arizona corporation, Plaintiff-Appellant, v. PACE CORPORATION, a Becker/Lowrie Company, an Arizona Corporation; the Aetna Casualty and Surety Company, a Connecticut corporation, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department E.

May 14, 1992.

Attorney(s) appearing for the Case

Peskind & Hymson, P.A. by E.J. Peskind, Scottsdale, and Strong and Pugh, P.A. by William K. Strong, Phoenix, for plaintiff-appellant.

Steptoe & Johnson by Barry J. Dale, Adam B. Campbell, Phoenix, for defendants-appellees.

OPINION

VOSS, Presiding Judge.

MLM Construction Co., Inc. appeals from an adverse judgment on its claim against Pace Corporation and Aetna Casualty and Surety Co., Pace's surety, for recovery on a mechanics lien discharge bond. See Ariz. Rev. Stat. Ann. ("A.R.S.") § 33-1004. The appeal presents the following issues: (1) whether MLM's lien was invalid because the preliminary twenty day notice served by MLM omitted part of a statement required...

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