IN RE WATERPOINT INTERN. LLC

No. 02-20755.

330 F.3d 339 (2003)

In The Matter Of: WATERPOINT INTERNATIONAL LLC, Debtor. Exchanger Contractors Inc., Appellant, v. Comerica Bank-Texas; Waterpoint International LLC; Robbye Waldron, Chapter 7 Trustee, Appellees.

United States Court of Appeals, Fifth Circuit.

May 1, 2003.


Attorney(s) appearing for the Case

Edward Louis Rothberg (argued), Weycer, Kaplan, Pulaski & Zuber, Houston, TX, for Appellant.

Phillip Lewis Lamberson (argued), Eli Omar Columbus, Winstead, Sechrest & Minick, Dallas, TX, for Comerica Bank Texas.

Before KING, Chief Judge, DAVIS, Circuit Judge, and VANCE, District Judge.


KING, Chief Judge:

Exchanger Contractors Inc., a subcontractor, was not paid by its contractor, Waterpoint International LLC, for labor performed by the subcontractor. In response, Exchanger Contractors sought a declaration regarding its rights (pursuant to trust fund provisions of the Texas Property Code) to a portion of the receivable owing to the contractor by the property owner. The contractor's lender, who holds a security interest in the contractor's receivable...

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