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IN RE SERVICE CORP. OF AMERICA

Bankruptcy No. 388-03253, Adv. No. 390-0019A.

115 B.R. 602 (1990)

In re SERVICE CORPORATION OF AMERICA, Debtor. Paul D. HAYES, d/b/a Hayes and Sons Construction Company, Plaintiff, v. FIRST AMERICAN NATIONAL BANK OF NASHVILLE, James Pruitt d/b/a Stripemaster, Service Corporation of America and Internal Revenue Service, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

June 15, 1990.

Attorney(s) appearing for the Case

Thomas E. Watts, Jr., Nashville, Tenn., for James Pruitt d/b/a Stripemaster.

Carl Carter, U.S. Dept. of Justice, Washington, D.C.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

This is a dispute between the Internal Revenue Service and a material supplier to the debtor over rights in the balance due under a construction contract. Because Tennessee law does not impose a trust on construction funds and this subcontract does not include a provision for retainage, the IRS's lien attaches to the balance due the debtor.

I.

In 1987, Hayes and Sons Construction Company ("Hayes...

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