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VULCAN MATERIALS CO. v. GAMBLE CONST. CO.

56 S.W.3d 571 (2001)

VULCAN MATERIALS COMPANY v. GAMBLE CONSTRUCTION CO., INC., et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

Application for Permission to Appeal Denied October 1, 2001.

Attorney(s) appearing for the Case

F. Scott LeRoy and M. Andrew Pippenger, Chattanooga, TN, for appellant, Vulcan Materials Company.

Douglas M. Campbell, Chattanooga, TN, for appellee, Girls' Preparatory School.

Application for Permission to Appeal Denied by Supreme Court October 1, 2001.

OPINION

SUSANO, J., delivered the opinion of the court, in which GODDARD, P.J., and SWINEY, J., joined.

In this action to enforce a materialman's lien, the trial court granted summary judgment to the owner of the property because the materialman delivered the notice of nonpayment to the owner by hand rather than by "registered or certified mail, return receipt requested...

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