MATTER OF WALLER CREEK, LTD.

Nos. 88-2199, 88-2200.

867 F.2d 228 (1989)

In the Matter of WALLER CREEK, LTD., Debtor. H.B. ZACHRY CO., Appellant, v. WALLER CREEK, LTD.; Allied Bank Beaumont, N.A.; Allied Merchants Bank, N.A.; Allied Bank of Texas; and City of Austin, Appellees. In the Matter of WALLER PARKING GARAGE, LTD., Debtor. H.B. ZACHRY CO., Appellant, v. WALLER PARKING GARAGE, LTD.; Allied Bank Beaumont, N.A.; Allied Merchants Bank, N.A.; Allied Bank of Texas; and City of Austin, Appellees.

United States Court of Appeals, Fifth Circuit.

March 6, 1989.


Attorney(s) appearing for the Case

Donald W. Holcomb, Patrick S. Dohoney, Hearne, Knolle, Lewallen, Livingston & Holcomb, Austin, Tex., for appellant.

William K. Andrews, Winstead, McGuire, Sechrest & Minick, Houston, Tex., for Allied Merchants Bank, Allied Bank of Beaumont, Allied Bank of Texas, and City of Austin.

Tony Chauveaux, Crutchfield, DeCordova & Brocato, Beaumont, Tex., for Waller Creek Ltd.

Before KING, WILLIAMS and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

This is literally a case on top of a case. These adversary proceedings in bankruptcy, reviewed together here, involve a hotel constructed on top of a parking garage in Austin, Texas. The plaintiff seeks to assert the priority of its mechanic's, materialman's, and constitutional liens on the parking garage in the first action, and on the hotel in the second. Defendants, which are secured parties and owners of the parking garage and hotel...

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