Legal Opinion

David Bateman v. Federal Deposit Insurance Corporation, Everett N. Dobson & Sons, Inc., Party-In-Interest

Court of Appeals for the First Circuit

Decided June 30, 1992No. 91-1832PublishedCited by 23 opinions

1Opinion of the Court

BREYER, Chief Judge.

State laws normally give a contractor who works on a piece of property a lien against the property (called a “mechanic’s lien”) to guarantee payment for its work. Such a lien may have priority over even a pre-existing mortgage, i.e., a mortgage created some time before (perhaps years before) the contractor performed the work. Under Maine state law a contractor may obtain a mechanic’s lien if (among other things) the contractor carries out the work either (1) “by virtue of a contract” with the owner, say, a bank that holds a pre-existing mortgage, or (2) with the “consent”…

2Cases cited18 opinions

  1. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  2. United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
  3. Langley v. Federal Deposit InsuranceSupreme Court of the United States · 1987
  4. Fed. Sec. L. Rep. P 98,654 William L. Gunter and Camille S. Gunter v. Theodore M. HutchesonCourt of Appeals for the Eleventh Circuit · 1982
  5. In Re 604 Columbus Avenue Realty Trust, Debtor. Capitol Bank & Trust Company v. 604 Columbus Avenue Realty Trust, in Re 604 Columbus Avenue Realty Trust, Debtor. Federal Deposit Insurance Corporation, as Receiver/liquidating Agent of Capitol Bank & Trust Company v. 604 Columbus Avenue Realty TrustCourt of Appeals for the First Circuit · 1992

13 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Federal Deposit Insurance Corporation v. Pritam SinghCourt of Appeals for the First Circuit · 1992
  2. Federal Deposit Insurance Corporation, as Receiver for New Maine National Bank v. Roland Houde and Ora Houde, Federal Deposit Insurance Corporation, as Receiver for New Maine National Bank v. Roland Houde and Ora HoudeCourt of Appeals for the First Circuit · 1996
  3. Federal Deposit Ins. v. O'FlahavenDistrict Court, D. New Hampshire · 1994
  4. Villafane-Neriz v. Federal Deposit InsuranceCourt of Appeals for the First Circuit · 1994
  5. Federal Deposit Insurance Corporation v. Longley I Realty Trust, Angeline A. KopkaCourt of Appeals for the First Circuit · 1993

18 more not listed; retrieve them via the Exa API.

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