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IN RE RUST OF KENTUCKY, INC.

Bankruptcy No. 10-10271(1)(7). Adversary No. 10-1032.

464 B.R. 748 (2012)

In re RUST OF KENTUCKY, INC., Debtor. Rust of Kentucky, Inc., Debtor-in-Possession/Plaintiff v. TMS Contracting, LLC, et al., Defendants.

United States Bankruptcy Court, W.D. Kentucky.

February 7, 2012.

Attorney(s) appearing for the Case

Jesse S. Keene , Stephen M. Seeger , Seeger Faughnan Mendicino, PC, Washington, DC, Scott A. Bachert , Bowling Green, KY, for Debtor-in-Possession/Plaintiff.

Mark A. Robinson , Valenti, Hanley & Robinson, LeAnders Lisa Jones , Louisville, KY, Reginald M. Jones , Rochelle D. Laws , Stephen J. Kelleher , Fox Rothschild LLP, Washington, DC, Brett A. Reynolds , English, Lucas, Priest & Owsley, Bowling Green, KY, Brian M. Falcon , Terrence L. Brookie , Frost Brown Todd LLC, Indianapolis, IN, John Gillum , Manier & Herod, Nashville, TN, for Defendants.

MEMORANDUM-OPINION

JOAN A. LLOYD, Bankruptcy Judge.

This matter came before the Court for trial on the Complaint of Debtor/Plaintiff Rust of Kentucky, Inc. ("Rust"), against Defendants TMS Contracting, LLC ("TMS") and Fidelity and Deposit Company of Maryland ("F & D"). The Court considered the trial testimony of the witnesses, the documentary evidence submitted, the arguments of counsel and its own research. For the reasons stated herein, the Court will...

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