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Show asked that the case he teopened, which was permitted. The contention of tbe defendant Is that the plaintiff was eniploycd by the Sanitarium company and J. II. Kurtz, trtiHtee for the heirs to the es tate of his deceased brother, as assistant as-sistant manager and that as such he would not be entitled under the statutes stat-utes of the state, to a mechanic's Hen, and that he could not recover In 3uch action. To bring the employment of Lundy under the provisions of the mechanic's Hen law of Utah the plaintiff undertook under-took to show this morning that Mj. Lundy performed men'al labor at the resort and could be considered nothing noth-ing more than a common laborer at Ihe place. In support of this contention, conten-tion, the plaint'ff testified that he did I almost everything that was to be done at the resort. He said he built fire, cleaned bath rooms, looked after af-ter bathing suits, tended bai. cooked I his own meals, assisted In plumbing j Jobs and attended to everything that was required at tbe hands of a common com-mon laborer. On the other hand .Mrs. Mary But-terflld. But-terflld. who was employed as house, keeper at Ihe report at the time, stated stat-ed that she did not see Mr. Lundy do anything toward keeping the place in order. She sa'd she heard him quarreling quar-reling with the hoys around the place and In the office a good deal, ami thai he was Intoxicated a good deal of the time she was there. Other witnesses being away from the city, the case was continued until November 3. SANITARIUM CASE NOW REOPENED The ease of R C. Lundy against J. ,K,.,rtz and others, in which the jilaiutirf seeks to recover ?'lau alleg d to be due fv sen kes rendered at he Ogden Canyon Sanitarium about two years ago. was reopened this morning in the district court. It was Vm .lbe ClS,, had hGfJ'' excluded ex-cluded a few days ago when loth paries par-ies rested, but the plaintiff, desiring to ntroduco further testimony re-,'ardlng re-,'ardlng the kind of service rendered |