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IN RE BLACK DIAMOND MINING COMPANY, LLC

Case Nos. 08-70066, 08-70067, 08-70069, 08-70070, 08-70071, 08-70072, 08-70073, Jointly Administered, Adv. Proceeding No. 11-07010.

In re: BLACK DIAMOND MINING COMPANY, LLC, et al., Chapter 11, Debtors. TAFT A. McKINSTRY, AS TRUSTEE OF THE BD UNSECURED CREDITORS TRUST, Plaintiff, v. HAROLD E. SERGENT, IRA J. GENSER, LARRY TATE and ALVAREZ & MARSAL NORTH AMERICA, LLC, Defendants.

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

October 18, 2011.

MEMORANDUM OPINION

JOSEPH M. SCOTT, Jr., Bankruptcy Judge.

This matter is before the Court on the Motion for Summary Judgment and Memorandum in support thereof ("Motion for Summary Judgment") (AP Doc. 82)1 filed by Defendants Ira J. Genser ("Genser"), Larry Tate ("Tate") and Alvarez & Marsal North America, LLC ("A&M") (Genser, Tate and A&M are referred to collectively as the "A&M Parties'). Plaintiff Taft A. McKinstry...

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