Opinion
No. 12,850.
Filed May 20, 1927. Rehearing denied October 14, 1927. Transfer denied July 18, 1928.
From Greene Circuit Court; Thomas VanBuskirk, Judge.
Suit by Everett Richards and others against the Granite Improvement Company to foreclose liens on a coal mine for labor therein. From a decree foreclosing said liens, the defendant appeals. Reversed. By the court in banc.
Webster V. Moffett and Pickens, Davidson, Gause Pickens, for appellant.
Martin L. Pigg and John A. Riddle, for appellees.
This action involves the same questions as are presented in the appeal of the case of Granite Improvement Co. v. O'Haver (1927), ante 655, 156 N.E. 586. In that case the action being for material furnished in the operation of the mine, while, in this case, the action is by appellees for labor furnished in the operation of the same mine and at the same time that the material was furnished. On the authority of that case, the judgment in this case is reversed.
Dausman. J., absent.