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RUSH v. METROCENTRE IMP. DIST. NO. 1

No. 81-2325.

686 F.2d 625 (1982)

George S. RUSH, d/b/a Rush Engineers, Appellant, v. METROCENTRE IMPROVEMENT DISTRICT NO. 1, Appellee, v. The HOME INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 23, 1982.

Attorney(s) appearing for the Case

Thomas J. Knight, Anniston, Ala., for appellant.

John S. Choate, Little Rock, Ark., for appellee Home Ins. Co.

Before ROSS, Circuit Judge, HENLEY, Senior Circuit Judge, and STEVENS, District Judge.

HENLEY, Senior Circuit Judge.

George S. Rush appeals an adverse decision of the district court on his claim for attorney's fees. In essence, he contends that his attorney has an enforceable lien on funds paid into the court by Metrocentre Improvement District No. 1 (Metrocentre), and that this lien has priority over a claim of The Home Insurance Company (Home), which was interpleaded by Metrocentre as a third-party defendant. We agree and reverse.

The underlying...

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