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SOUTH EUCLID CONCRETE CO., APPELLEE v. DUNSTON ET AL., APPELLEES; GREENWOOD ACRES NO. 1, INC., ET AL., APPELLANTS.

Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Mechanic's lien — Foreclosure action by materialman — One affidavit — On separate parcels in housing development — Treated as single lien — Owner's right to set-off — Limitation — Foreclosure of mortgage — Sections 1 and 16, Article I, Constitution — Due process.

The appeal as of right herein is dismissed, sua sponte, for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C.J., ZIMMERMAN, STEWART, TAFT, MATTHIAS, BELL and HERBERT, JJ., concur.

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S. EUCLID CONCRETE v. DUNSTON, GREENWOOD ACRES
(Oct 15, 1958)