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IN RE CORBIN PARK, L.P.

BAP Nos. KS-10-084, KS-10-085, KS-10-086, KS-10-088, KS-11-001, KS-11-004. Bankruptcy No. 10-20014.

470 B.R. 573 (2012)

In re CORBIN PARK, L.P., Debtor. Brown Commercial Construction Company, Appellant, v. Corbin Park, L.P., and Bank of America, N.A., Appellees. In re Corbin Park, L.P., Debtor. O'Donnell & Sons Construction Company, Appellant, v. Corbin Park, L.P., and Bank of America, N.A., Appellees. In re Corbin Park, L.P., Debtor. Arr Roofing, LLC, doing business as Boone Brothers Roofing, Appellant, v. Corbin Park, L.P., and Bank of America, N.A., Appellees. In re Corbin Park, L.P., Debtor. Wachter Electric Company, Appellant, v. Corbin Park, L.P., and Bank of America, N.A., Appellees. In re Corbin Park, L.P., Debtor. McCorkendale Construction, Inc., Appellant, v. Corbin Park, L.P., and Bank of America, N.A., Appellees. In re Corbin Park, L.P., Debtor. Ball Kelly, LLC, Appellant, v. Corbin Park, L.P., and Bank of America, N.A., Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

May 7, 2012.

Attorney(s) appearing for the Case

Mark T. Benedict ( David A. Schatz and Kathryn Goldsmith Lee with him on the briefs) of Husch Blackwell LLP, Kansas City, MO, for Appellant Brown Commercial Construction Company.

T. Bradley Manson of Manson Karbank Burke, Overland Park, KS, for Appellant O'Donnell & Sons Construction Company.

Thomas J. Fritzlen, Jr. ( Steven M. Leigh , Desarae G. Harrah , Kevin J. McManus , and Carrie D. Mermis with him on the briefs) of Martin, Leigh, Laws & Fritzlen, P.C., Kansas City, MO, for Appellee Bank of America, N.A.

Before CORNISH, Chief Judge, MICHAEL, and THURMAN, Bankruptcy Judges.

CORNISH, Chief Judge.

Two general contractors and four subcontractors appeal the bankruptcy court's order determining that, under Kansas law, the interest of a construction lender/mortgagee in a retail shopping center development has priority over their mechanic's lien claims. Having thoroughly reviewed the record and applicable law, we conclude that the bankruptcy court committed no reversible error in determining the priority...

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