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F.D.I.C. v. LACENTRA TRUCKING, INC.

No. 96-4118.

157 F.3d 1292 (1998)

FEDERAL DEPOSIT INSURANCE CORP., as Receiver for Flagler Federal Savings and Loan Association, Plaintiff-Counter-Defendant-Appellee. v. LACENTRA TRUCKING, INCORPORATED, a Florida corporation, Wenger Excavating, Incorporated, an Ohio corporation, Mayfair Plumbing, Incorporated, a Florida corporation, KJK Enterprises, Incorporated, a Florida corporation d.b.a. Mr. Electric, Defendants-Counter-Claimants-Appellants, Tarmac Florida, Incorporated, a Florida corporation, Defendant-Counter-Claimant.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied October 20, 1998.

Attorney(s) appearing for the Case

Harry G. Carratt, Morgan, Carratt & O'Connor, Ft. Lauderdale, FL, for Wenger/Lacentra/KJK/Mayfair.

Richard Hugh Lumpkin, Karl Schumer, Keith, Mack, Lewis, Cohen & Lumpkin, Miami, FL, Reginald John Clyne, Clyne & Assoc., Coral Gables, FL, for F.D.I.C.

Before TJOFLAT and BARKETT, Circuit Judges, and GODBOLD, Senior Circuit Judge.

Rehearing En Banc Denied October 20, 1998.

ON PETITION FOR REHEARING

GODBOLD, Senior Circuit Judge:

I. History

This case involves a dispute over priority between holders of mechanics' liens filed against a construction site and Resolution Trust Corporation (RTC)1, holder of a mortgage on that site. It requires application of provisions of the Financial Institutions Reform, Recovery and Enforcement Act of 1989...

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