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FIRST CONTINENTAL, ETC. v. CONTINENTAL STEEL CO.

No. 17941.

569 S.W.2d 42 (1978)

FIRST CONTINENTAL REAL ESTATE INVESTMENT TRUST, Appellant, v. CONTINENTAL STEEL CO. et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied July 27, 1978.

Attorney(s) appearing for the Case

Passman, Jones, Andrews, Coplin, Holley & Co., and Gerald R. Coplin, Dallas, for appellant.

Geary, Stahl, Koons, Rohde & Spencer and D. Ronald Reneker, Dallas, for appellee, Continental Steel Co.

Margraves, Kennerly & Schueler and Stephen W. Schueler, Houston, for appellee, Flintkote Supply Co.

James H. Cummings, Dallas, for appellee, Freeway Ready Mix, Inc.

Odom & Gwynn and G. Scott Odom, Dallas, for appellee, Jackson Concrete, Inc.

Coke & Coke and Robert M. Roller, Dallas, for appellee, Krestmark Industries, Inc.

Tucker, Gano, Alexander & Cochran and John H. Cochran, Dallas, for appellee, Sharp & Son, Inc.

John Emmett, Dallas, for appellee, Wilcher-Moore Lumber Co.

OPINION

HUGHES, Justice.

Continental Steel Company (Steel) sued H.E.M. Building Corporation (HEM), First Continental Real Estate Investment Trust (Trust) and Billy Scott Stanfield to foreclose a materialman's lien on real estate composed of 15 lots in Lewisville, Texas. Numerous interventions and joinders increased the parties to 13. At issue is the priority of the liens of seven materialmen (all plaintiff-appellees) as compared to Trust's deed of trust...

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