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IN MATTER OF JAMAIL

No. 79-2705. Summary Calendar.

609 F.2d 1387 (1980)

In the Matter of John JAMAIL and John Jamail Builders, Inc., Debtors. SUBURBAN HOMES LUMBER CO., Merliss, Jones & Robinson, Plaintiffs-Appellants, v. LOMAS & NETTLETON FINANCIAL CORPORATION, John Jamail and John Jamail Builders, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 21, 1980.

Attorney(s) appearing for the Case

Liddell, Sapp, Zivley & Brown, Charles H. Waters, Jr., Houston, Tex., for plaintiffs-appellants.

Locke, Purnell, Boren, Laney & Neeley, Larry M. Lesh, Dallas, Tex., for defendants-appellees.

Before CHARLES CLARK, VANCE, and SAM D. JOHNSON, Circuit Judges.

CHARLES CLARK, Circuit Judge:

Suburban Homes Lumber Co. [Suburban] appeals from the district court's ruling denying priority to materialman's liens asserted upon building materials it furnished for the construction of three apartment complexes. We affirm.

Suburban furnished lumber, roofing, nails, hardware, reinforcing mesh, rebar steel, and other general building supplies to John Jamail Builders, Inc. [Jamail] for the use in the construction of three apartment...

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