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  5. 757 S.W.2d 663 (1988)
 

ANDREWS DISTRIBUTING v. OAK SQUARE AT GATLINBURG

757 S.W.2d 663 (1988)

ANDREWS DISTRIBUTING COMPANY, Appellant, v. OAK SQUARE AT GATLINBURG, INC., Burleson Construction Company, Inc., and Fidelity and Deposit Company of Maryland, Appellees.

Supreme Court of Tennessee, at Knoxville.

Opinion on Plaintiff's Petition to Rehear August 29, 1988.

Order on Defendant's Petition to Rehear October 3, 1988.

Attorney(s) appearing for the Case

Stephen W. Gibson, Ambrose, Wilson & Grimm, Mark A. Rosser, Knoxville, for appellant.

Gary C. Shockley, Baker, Worthington, Crossley, Stansberry & Woolf, Johnson City, for appellees.

OPINION

FONES, Justice.

This is an action by a materialman for enforcement of a materialman's lien, or in the alternative for recovery under the general contractor's labor and material payment bond. The trial court dismissed the action for failure to give timely written notice of lien and for failure to give timely notice under the terms of the bond. The Court of Appeals affirmed, and this Court granted plaintiff's application for permission to appeal.<...

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