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MATTER OF LOWERY BROS., INC.

No. 76-3151.

589 F.2d 851 (1979)

In the Matter of: LOWERY BROTHERS, INC., a Florida Corporation, Bankrupt. Edward S. AVDOYAN, Trustee, Appellant, v. DAVIS WATER & WASTE INDUSTRIES, INC., a Georgia Corporation, Appellee.

United States Court of Appeals, Fifth Circuit.

February 15, 1979.

Attorney(s) appearing for the Case

Morton Kosto, Orlando, Fla., for appellant.

Patrick T. Christiansen, James M. Corrigan, Orlando, Fla., for appellee.

Before JONES, RONEY and TJOFLAT, Circuit Judges.

TJOFLAT, Circuit Judge:

The controlling issue in this case is whether Florida Statutes section 713.15,1 a portion of the Florida Mechanics' Lien Law,2 creates a statutory lien valid against a trustee in bankruptcy under sections 1(29a), 67(b) and 67(c) of the Bankruptcy Act (the Act), 11 U.S.C. §§ 1(29a), 107(b), 107(c) (1976). The bankruptcy judge held that...

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