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IN RE BLACK DIAMOND MINING COMPANY, LLC

Case No. 08-70066, ADV. No. 08-7017.

In re: BLACK DIAMOND MINING COMPANY, LLC. THE CIT GROUP/COMMERCIAL SERVICES, INC., Plaintiff, v. CONSTELLATION ENERGY COMMODITIES GROUP, INC., CONSTELLATION ENERGY GROUP, INC., Defendants.

United States Bankruptcy Court, E.D. Kentucky, Pikeville.

December 13, 2011.

OPINION

JOE LEE, Bankruptcy Judge.

This matter is before the court on cross-motions of the plaintiff, The CIT Group/Commercial Services, Inc., and the defendants, Constellation Energy Commodities Group, Inc., (Commodities), and Constellation Energy Group, Inc., (Constellation), for summary judgment.

The CIT Group/Commercial Services, Inc., a New York corporation, is a provider of domestic and international credit protection...

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