Waco Equipment Co. v. B.C. Hale Construction Co.

This is an appeal by Waco Equipment Company (Waco) from the March 22, 1988 order of the Circuit Court of Mercer Coun*383ty. We have before us the petition for appeal, the briefs of the parties, and the record, as designated by the parties.1 This case concerns a consolidated action to determine which of several creditors of a construction subcontractor are entitled to the retainage of a construction subcontract being held by the general contractor.

The parties in this action are: appellees, American Health Enterprises, the owner of a facility to be constructed; Turner Construction Company, the…