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IN RE DENVER MERCHANDISE MART, INC.

No. 13-10461.

740 F.3d 1052 (2014)

In the Matter of DENVER MERCHANDISE MART, INC., Debtor. Bank of New York Mellon, as successor to Bank of New York Global Capital Access One, Inc., Commercial Mortgage Bonds, Series 3, care of Berkadia Commercial Mortgage L.L.C., Appellant, v. GC Merchandise Mart, L.L.C., Denver Merchandise Mart, Inc., and Hawthorn Lakes Associates, Ltd., Appellees.

United States Court of Appeals, Fifth Circuit.

January 27, 2014.

Attorney(s) appearing for the Case

Brian Christopher Walsh (argued), Esq., Bryan Cave, L.L.P., Saint Louis , MO, Keith Miles Aurzada , Bryan Cave, L.L.P., Dallas, TX, for Appellant.

Melissa Sue Hayward (argued), Esq., Franklin Skierski Lovall Hayward, L.L.P., Dallas, TX, for Appellees.

Before REAVLEY, DAVIS, and HIGGINSON, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Lender-appellant Bank of New York Mellon ("Lender") appeals the district court's judgment which, in relevant part, disallowed the Lender's claim for a contractual prepayment consideration. We affirm.

I.

This dispute arose in a complicated bankruptcy proceeding, but the fundamental dispute is a relatively straightforward question of contract interpretation under Colorado law...

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