Legal Opinion · Concurrence

Dow-Par, Inc. v. Lee Corp.

Indiana Court of Appeals

Decided December 12, 1994No. 49A04-9310-CV-372Published

1ConcurrenceNajam, Judge

I concur in the result reached by the majority that summary judgment was properly entered against Dow-Par. However, I disagree with the majority's analysis in arriving at that result.

I am not convinced that "a lessor of equipment to a subcontractor does not fall within the class of laborers, materialmen, or suppliers covered by the statute." Op. at 155. The majority is correct that a person who supplies equipment to a subcontractor is protected by the statute, although the majority then states there is no indication in the statute that the term "supplier" includes a lessor. Op. at 154. This…

2Cases cited3 opinions

  1. Southern Surety Co. v. National Lumber Co.Indiana Court of Appeals · 1919
  2. Montgomery v. Southern Surety Co. of IowaIndiana Court of Appeals · 1928
  3. Metropolitan Casualty Insurance v. Natural Rock Asphalt Corp.Indiana Court of Appeals · 1937

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