DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

012026P.pdf   05/30/2002  DAPEC  v.  SBA
   U.S. Court of Appeals Case No:  01-2026
                          and No:  01-2480
                          and No:  01-2029
                          and No:  01-2028
   District of Nebraska   
   Civil case - bankruptcy. Under Nebraska's construction lien 
   statute, creditor's construction lien was subordinate to deeds 
   of trust filed by lender as the lender had no knowledge of the 
   lien when it advanced the funds to the debtor; superstructure 
   needed to support cooling system was a fixture, and the 
   bankruptcy court erred in finding it was not; case must 
   be remanded for a determination of the priority which should 
   be given to the system installer's security interest; unpaid 
   sewer and water bills owed to the City of Tecumseh were 
   not entitled to be treated as special assessments, but should 
   be treated as liens, and the bankruptcy court should determine 
   their priority.