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IN RE CRYSTAL CASCADES CIVIL, LLC

BAP No. NV-08-1314-JuHMo. Bankruptcy No. 05-20550. Adv. No. 06-01082.

415 B.R. 403 (2009)

In re CRYSTAL CASCADES CIVIL, LLC, Debtor, United States of America, Appellant, v. Richard H. Buenting; Road & Highway Builders, LLC, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

June 18, 2009.

Attorney(s) appearing for the Case

James D. Greene, Rice Silbey Reuther & Sullivan, Callister & Reynolds, Rice Silbey Reuther & Sullivan, LLP, Aubree Cherney, Las Vegas, NV for Debtor.

Michael Lehners, Christopher P. Burke, for Appellee.

Steven Myhre, Karen L. Pound, for Appellant.

Before: JURY, HOLLOWELL, and MONTALI, Bankruptcy Judges.

MEMORANDUM

MEREDITH A. JURY, Bankruptcy Judge.

Appellees Richard H. Buenting ("Buenting") and Road & Highway Builders, LLC, ("Road & Highway")(collectively, "Appellees") filed an adversary complaint against appellant United States of America ("IRS") seeking a judicial declaration that their later-in-time recorded liens against Crystal Cascades Civil, LLC's real property were superior to the IRS's two notices...

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