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IN RE EXEC TECH PARTNERS

No. 96-2353.

107 F.3d 677 (1997)

In re EXEC TECH PARTNERS, a Missouri General Partnership Debtor. EXEC TECH PARTNERS, a Missouri General Partnership, Plaintiff/Appellee, v. RESOLUTION TRUST CORPORATION, Defendant, Mark One, Interested Party/Appellee, Boatmen's Bank of Kansas, Interested Party, BGM Industries, Inc.; D.M. Ward Construction Company, Inc.; Edwards McDowell, Inc., Interested Parties/Appellees, Myron W. Haith, Interested Party, RTC Mortgage Trust 1994-N2, by and through its servicer Amresco Management, Inc., Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 27, 1997.

Attorney(s) appearing for the Case

Thomas J. Fritzlen, Jr., Kansas City, MO, argued (Berry F. Laws III, on the brief), for Appellant.

Theodore C. Beckett, III, Kansas City, MO, argued (Jeffrey M. Hensley, on the brief), for Appellee.

Before BOWMAN and MURPHY, Circuit Judges, and JONES, District Judge.

MURPHY, Circuit Judge.

This case involves the relative priority in bankruptcy of a mechanic's lien and two deeds of trust. Upon filing bankruptcy, Exec Tech Partners (Exec Tech) initiated this action to determine the relative priority of its creditors. The bankruptcy court2 concluded that the mechanic's lien held by D.M. Ward Construction Co. (Ward) had priority over two prior deeds of trust, one of which was held by RTC Mortgage Trust...

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