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IN RE CRYSTAL CASCADES CIVIL, LLC

Bankruptcy No. BK-S-05-20550-BAM. Adversary No. 06-1082-BAM.

398 B.R. 23 (2008)

In re CRYSTAL CASCADES CIVIL, LLC, Debtor. Richard H. Buenting, an Individual; and Road & Highway Builders, LLC, a Nevada Limited Liability Company, Plaintiffs, v. Crystal Cascades Civil, LLC, a Nevada Limited Liability Company; Business Bank of Nevada, a Nevada corporation; the Internal Revenue Service; and The Gore Family Trust, Howard L. Gore and Kimberly Hawkins-Gore, Trustees, Defendants.

United States Bankruptcy Court, D. Nevada.

November 3, 2008.

Attorney(s) appearing for the Case

Callister & Reynolds, Schreck Brignone, Aubree Cherney, James D. Greene, Brownstein Hyatt Farber Schreck, P.C., Las Vegas, NV, for Debtor.

AMENDED OPINION AFTER TRIAL

BRUCE A. MARKELL, Bankruptcy Judge.

I. INTRODUCTION

Plaintiffs, Gary H. Buenting and his 50% owned company, Road & Highway Builders, LLC ("Plaintiffs"), claim that their deeds of trust on debtor's real property were senior to two tax liens filed by the Internal Revenue Service ("IRS") against the same property. This claim of priority matters because the real property involved has been foreclosed upon, and there are...

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