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IN RE PREMIER HOTEL DEVELOPMENT GROUP

Bankruptcy Nos. 01-20922, 01-20923, 01-20940. Adversary No. 01-2022.

270 B.R. 234 (2001)

In re PREMIER HOTEL DEVELOPMENT GROUP d/b/a Hospitality Consultants, The Carnegie Hotel, Austin Spring Spa & Salon, and Luigies EID 62-1761567 and 52-2261913; Premier Investment Group d/b/a Premier Investments EID 62-1721108; and Samuel T. Easley ss 415-23-3809, Debtors. Durkan Patterned Carpet, Inc., a Georgia Corporation, Plaintiff, v. Premier Hotel Development Group, a Tennessee General Partnership; the Public Building Authority of the City of Johnson City, Tennessee; First Tennessee Bank National Association; and K. Newton Raff, Trustee, Defendants, and Durkan Patterned Carpet, Inc., Third-party plaintiff, v. TBN Enterprises, L.L.C., d/b/a Design Floor Systems, Third-party defendant.

United States Bankruptcy Court, E.D. Tennessee.

October 11, 2001.

Attorney(s) appearing for the Case

John S. Taylor, Esq., McKinnon, Fowler, Fox & Taylor, Johnson City, TN, for Durkan Patterned Carpet, Inc.

P. Edward Pratt, Esq., Suzanne H. Bauknight, Esq., Baker, Donelson, Bearman & Caldwell, Knoxville, TN, for First Tennessee Bank National Association and K. Newton Raff, Trustee.

MEMORANDUM

MARCIA PHILLIPS PARSONS, Bankruptcy Judge.

In this adversary proceeding, the plaintiff, Durkan Patterned Carpet, Inc. ("Durkan"), seeks to enforce its materialman's lien against the debtor's real property and a determination that its lien is superior to that held by the debtor's principal secured lender, First Tennessee Bank National Association ("First Tennessee"). Presently before the court is First Tennessee's motion to dismiss pursuant...

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