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IN RE FAIRFIELD COMMUNITIES, INC.

No. 92-2693.

990 F.2d 1075 (1993)

In re FAIRFIELD COMMUNITIES, INC., Debtor. TENNESSEE ASPHALT COMPANY, INC., and Bill Hopper d/b/a Hopper's Excavating, Appellants, v. FAIRFIELD COMMUNITIES, INC., Fairfield Glade Community Club (Substituted for Third National Bank of East Tennessee), and First National Bank of Boston, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1993.

Attorney(s) appearing for the Case

Joyce Babin, Little Rock, AR, for Tennessee Asphalt, and Dale Bohannon of Cookeville, TN, for appellant Hopper (Greg Kitterman, Little Rock, AR, and Beecher Bartlett, Jr., Knoxville, TN, on the briefs), for appellants.

Thomas Dickenson, Knoxville, TN, argued (Ben Arnold, Little Rock, AR, on the brief), for appellee.

Before WOLLMAN, BEAM, Circuit Judges, and NANGLE, Senior District Judge.

NANGLE, Senior District Judge.

Tennessee Asphalt Company, Inc. (Tennessee Asphalt) and Bill Hopper d/b/a Hopper's Excavating (Hopper) appeal from the decision of the district court denying their mechanics' and materialmen's liens for construction work performed on a golf course. We reverse.

I.

Heatherhurst Third Nine is a nine hole addition to the original 18 holes of the Heatherhurst Golf Course located in Fairfield Glade, a planned community owned...

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