John F. Buckner & Sons v. Arkansas Fuel Oil Corp.

McDONALD, Chief Justice.

This is a suit by a materialman to establish a lien on moneys due or to become due to a public contractor under Articles 5472a, 5472b and 5472b-l, R.C.S., Vernon’s Ann. Civ.St. arts. 5472a, 5472b, 5472b-l. This is the second appeal of the instant cause. See John F. Buckner & Sons v. Arkansas Fuel Oil Corp., Tex.Civ.App., 301 S.W.2d 325. Plaintiff Arkansas Fuel Oil Corporation brought this suit against John F. Buckner & Sons, W. H. Moser, and the American Bonding Company. Plaintiff alleged that Buckner & Sons were general contractors with the State Highway Department…