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ISLE OF WIGHT MATERIALS v. COWLING BROS.

Record No. 921327.

431 S.E.2d 42 (1993)

ISLE OF WIGHT MATERIALS COMPANY, INC. v. COWLING BROS., INC., et al.

Supreme Court of Virginia.

June 11, 1993.

Attorney(s) appearing for the Case

Clinton B. Faison, Jr., Surry, for appellant.

Thomas H. Rose, Jr., Stony Creek, for appellee Cowling Bros., Inc.

No brief or argument for appellees Randall G. Moss; Medical Facilities of American L, Ltd. Partnership, and Fralin & Waldron, Inc.

Present: All the Justices.

LACY, Justice.

In this appeal we determine whether a materialman is entitled to enforcement of its perfected mechanic's lien in an interpleader action when it has not filed a petition to enforce the lien or a petition to intervene in the enforcement action of another lienor within the limitations period of Code § 43-17.

Medical Facilities of America L Limited Partnership (Medical Facilities) contracted with Fralin & Waldron, Inc. to build a health...

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