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DEVELOPMENT DESIGN, INC. v. RAINBOW DEVELOPMENT, INC.

No. TY-75-278-CA.

444 F.Supp. 155 (1978)

DEVELOPMENT DESIGN, INC. v. RAINBOW DEVELOPMENT, INC., et al.

United States District Court, E. D. Texas, Tyler Division.

January 27, 1978.

Attorney(s) appearing for the Case

Robert M. Parker, Nichols & Parker, Longview, Tex., for plaintiff.

Walter S. Fortney, III, Law, Snakard, Brown & Gambill, Fort Worth, Tex., for defendants, Raintree Lakes Property Owners Association, L. A. Henderson and Lester Mathis.

William D. Lawrence, Jr., Lawrence & Lawrence, Tyler, Tex., for defendant, Rainbow Development, Inc.

Leo A. Kissner, Houston, Tex., for defendant, Charles D. Patterson.

MEMORANDUM DECISION AND ORDER

STEGER, District Judge.

This cause comes before the Court on motions for summary judgment filed by Plaintiff and Defendants, Rainbow Development, Inc., L. A. Henderson, and Lester Mathis. The issue before the Court is whether the Mechanic's and Materialman's Lien Affidavit filed by Plaintiff has priority over the Deed of Trust Lien foreclosed by Defendant Rainbow Development, Inc. The essential facts have been stipulated to...

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