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COATINGS MFRS., INC. v. DPI, INC.

No. 90-1513 Summary Calendar.

926 F.2d 474 (1991)

COATINGS MANUFACTURERS, INC., and Middle South Energy, Inc., Plaintiffs-Appellees, v. DPI, INC., and Delta Painters, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 18, 1991.

Attorney(s) appearing for the Case

S. Robert Hammond, Jr., Nancy E. Steen, Bryant, Colingo, Williams & Clark, Hattiesburg, Miss., for defendants-appellants.

Charles E. Hughes, Green, Cheney & Hughes, Jackson, Miss., for Middle South Energy, Inc. and Coatings Mfrs., Inc.

Before KING, GARWOOD and DUHE, Circuit Judges.

KING, Circuit Judge:

An unpaid equipment supplier filed statutory stop payment notices with the owner of a construction project pursuant to § 85-7-181 Miss.Code Ann. (1972) (Add. A.) (§ 85-7-181), which permits an unpaid subcontractor to bind funds owed to the contractor by the owner. In order to release the funds, Coatings Manufacturers, Inc. (CMI), the contractor, and the owner, Middle South Energy, Inc. (Middle South)1,

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