
    Granite Improvement Company v. Richards et al.
    [No. 12,850.
    Filed May 20, 1927.
    Rehearing denied October 14, 1927.
    Transfer denied July 18, 1928.]
    
      Webster V. Moffett and Pickens, Davidson, Gause & Pickens, for appellant.
    
      Martin L. Pigg and John A. Riddle, for appellees.
   Nichols, J.

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 ease, the judgment in this case is reversed.

Dausman. J., absent.  