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MATTER OF SMITH

No. 91-4856.

966 F.2d 973 (1992)

In the Matter of Ann B. SMITH, William L. Smith, Jr., Debtors. Ann B. SMITH, and William L. Smith, Jr., Appellees-Cross-Appellants, v. UNITED NATIONAL BANK-DENTON, Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 21, 1992.

Attorney(s) appearing for the Case

Douglas M. Robison, McCauley, MacDonald, Love & Devin, Dallas, Tex., Bonnie J. Robison, Argyle, Tex., for United Nat. Bank-Denton.

Michael J. Whitten, Coleman & Smith, Denton, Tex., for Smith.

Before HILL, KING, and DAVIS, Circuit Judges.

PER CURIAM:

William L. Smith, Jr., and Ann B. Smith appeal from an order of the district court holding that they are barred from asserting the invalidity of a mechanic's lien on their homestead. United National Bank-Denton appeals from the denial of attorney's fees. We affirm the judgment of the district court as to the validity of the lien, but vacate and remand as to the issue of attorney's fees.

I. FACTS AND PROCEDURAL...

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