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IN RE EUFAULA INDUS. AUTHORITY

BAP No. EO-00-083, Bankruptcy No. 97-71225, Adversary No. 98-7021.

266 B.R. 483 (2001)

In re EUFAULA INDUSTRIAL AUTHORITY, Debtor. Carter-Waters Oklahoma, Inc., and Wells Enterprises, Inc., Plaintiffs-Counter-Defendants-Appellants, v. Bank One Trust Company, N.A., successor by merger to Liberty Bank & Trust Company, N.A., a national association, as trustee of the Eufaula Industrial Authority Bond Indenture of December 1, 1993, Defendant-Appellee. Eufaula Industrial Authority, Defendant-Counter-Claimant-Appellee.

United States Bankruptcy Appellate Panel for the Tenth Circuit.

August 21, 2001.

Attorney(s) appearing for the Case

Mark D. Mitchell, Mitchell, Davis, Klein & Pickens, Oklahoma City, Oklahoma, for plaintiffs-counter-defendants-appellants.

G. Blaine Schwabe, III (Sarah A. Hall with him on the brief), Mock, Schwabe, Waldo, Elder, Reeves & Bryant, Oklahoma City, Oklahoma, for defendant-appellee Bank One Trust Company, N.A.

Before PUSATERI, BOULDEN, and KRIEGER, Bankruptcy Judges.

OPINION

BOULDEN, Bankruptcy Judge.

Carter-Waters Oklahoma, Inc. (Carter-Waters) and Wells Enterprises, Inc. (Wells) (collectively, the Contractors) appeal a Judgment dismissing their complaint seeking to equitably subordinate the claim of Bank One Trust Co. (Bank One Trust) to the claims of the Contractors pursuant to 11 U.S.C. § 510(c) or, alternatively, upon theories of unjust enrichment, third party beneficiary, and misrepresentation. The bankruptcy...

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