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IN RE DAMON PURSELL CONST. CO.

BAP No. 13-6015.

490 B.R. 367 (2013)

In re DAMON PURSELL CONSTRUCTION COMPANY, Debtor. Bank of the West, Plaintiff-Appellee v. Damon Pursell Construction Company; Kraus Anderson Capital, Inc.; CMLMO City Development, LLC; Commercial Credit Group, Inc.; J & M Sarai, LLC Allen Financial Corporation; SG Equipment Finance USA, Defendants National Bank of Kansas City, Intervenor Defendant-Appellant.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: May 6, 2013.

Attorney(s) appearing for the Case

Steven E. Mauer, Heather S. Esau, Kansas City, MO, for Appellant.

Paul M. Hoffmann, Timothy M. Swanson, Kansas City, MO, for Appellee.

Before KRESSEL, SCHERMER and NAIL, Bankruptcy Judges.

SCHERMER, Bankruptcy Judge.

National Bank of Kansas City ("NBKC") appeals from a grant of summary judgment by the bankruptcy court in favor of Bank of the West ("BOW"), rejecting NBKC's requests for equitable relief, and ruling that BOW had a first priority lien on a piece of the debtor's equipment and is entitled to proceeds from the sale of that equipment.1 We have jurisdiction over this appeal from the final judgment of the bankruptcy...

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