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Legal Opinion

McEvoy v. Ron Watkins, Inc.

District Court, N.D. Texas

Decided October 19, 1987No. CA 3-87-1874-RPublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

BUCHMEYER, District Judge.

I

This ease is on appeal from the Bankruptcy Court’s grant of summary judgment to Ron Watkins, Inc. (“Watkins”), and denial of William McEvoy’s (“Trustee”) cross-motion for summary judgment 74 B.R. 499. The undisputed facts of this case reveal that Watkins furnished labor and materials to Marquee East Investors, Ltd. (“Debtor”) relating to Debtor’s apartment complex— its sole asset. Although Watkins completed this work in August, 1984, it failed to file its lien affidavit, as required by Chapter 53 of the Texas Property Code, until January 30, 1985,…

2Cases cited9 opinions

  1. In the Matter of Consolidated Bancshares, Inc., D/B/A Consolidated Investors, Inc., Debtor. Pierson & Gaylen, Ray & Terrell & Grubbs, Cross- v Creel & Atwood and Jack Bryant, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1986
  2. McCannon v. MarstonCourt of Appeals for the Third Circuit · 1982
  3. In Re Sandy Ridge Oil Co., Inc.Court of Appeals for the Seventh Circuit · 1986
  4. 11 Collier bankr.cas.2d 648, Bankr. L. Rep. P 70,061 in Re Hartman Paving, Inc., South Berkeley Lumber & Supply, Inc., Debtors-In-Possession. Thomas G. Pyne v. Hartman Paving, Inc.Court of Appeals for the Fourth Circuit · 1984
  5. De Bruin v. Santo Domingo Land & Irrigation Co.Court of Appeals of Texas · 1917

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3Cited by10 opinions

  1. Realty Portfolio, Inc. v. HamiltonCourt of Appeals for the Fifth Circuit · 1997
  2. Missouri Breaks, LLC v. BurnsNorth Dakota Supreme Court · 2010
  3. Dunes Hotel Associates v. Hyatt Corp. (In Re Dunes Hotel Associates)United States Bankruptcy Court, D. South Carolina · 1995
  4. Barclays American/Mortgage Corp. v. Wilkinson (In Re Wilkinson)United States Bankruptcy Court, D. Maryland · 1995
  5. In Re SuggsUnited States Bankruptcy Court, M.D. North Carolina · 2006

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