On Application for Rehearing
THOMAS, Judge.
The opinion of August 13, 2010, is withdrawn, and the following is substituted therefore.
James F. Hilgers and Carolyn M. Hilgers ("the Hilgerses"), along with Hilgers Real Estate Investments, LLC (the Hilgerses and Hilgers Real Estate Investments, LLC, are hereinafter referred to collectively as "the Hilgers defendant"), appeal from a summary judgment entered by the Jefferson Circuit Court in favor...
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