[Samba] differences between 3.5.6-86.el6_1.4 and 3.5.11-79.fc14 and "file is in-use"

[lejeczek]

dear everybody

two OSes, two Sambas, same settings, same shared conted and 
one Java application, that complains about "File is in-use 
by another process".
sambas are two different versions,
only other difference is SElinux, 'disabled' and on the box 
that causes problems is 'permissive'
I would need samba not to complain, but cannot for all 
treasures of the world, figure out what's wrong

any suggestions greatly appreciated
cheers
Paweł