Richard R. Harp Excavation v. Southern Lumber, et al, No. 10-12865 (11th Cir. 2011)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 10-12865 ________________________ ELEVENTH CIRCUIT JUNE 16, 2011 JOHN LEY CLERK D.C. Docket No. 1:09-cv-00042-GET RICHARD R. HARP EXCAVATION, INC., lllllllllllllllllllllPlaintiff-Appellant, versus SOUTHERN LUMBER, INC., llllllllllllllllllllDefendant-Cross Claimant-Appellee, WEST PANOLA, LLC, SOUTHERN LUMBER II, LLC, llllllllllllllllllllDefendant-Appellees, INTEGRITY BANK, lllllllllllllllllllllDefendant - Cross Defendant - Appellee. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (June 16, 2011) Before HULL and BLACK, Circuit Judges, and HUCK,* District Judge. PER CURIAM: After oral argument and review of the parties briefs and the record, the Court concludes that the Plaintiff-Appellant Richard R. Harp Excavation, Inc. ( Harp ) has not demonstrated reversible error (1) in the district court s order, dated March 18, 2010, granting summary judgment in favor of the Defendant Federal Deposit Insurance Corporation ( FDIC ) (as Integrity Bank s Receiver) on the Plaintiff-Appellant Harp s lien priority claim against FDIC/Integrity or (2) in the district court s order dated May 20, 2010 denying Plaintiff-Appellant Harp s motion for reconsideration.1 AFFIRMED. * Honorable Paul C. Huck, United States District Judge for the Southern District of Florida, sitting by designation. 1 The Court grants the Plaintiff-Appellant Harp s Motion to Take Judicial Notice. 2

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