UPS CAPITAL BUSINESS v. C.R. CABLE CONST.

No. 2004-CA-002062-MR.

181 S.W.3d 44 (2005)

UPS CAPITAL BUSINESS CREDIT, Appellant, v. C.R. CABLE CONSTRUCTION, INC.; Patton Management Corp. (f/k/a Wright & Lopez, Inc.); Patton Management Group, Inc. (d/b/a Wright & Lopez); T.D.A. Properties, Inc. (d/b/a Aulbach Auctioneers); Alltel Communications Products, Inc., Appellees.

Court of Appeals of Kentucky.

December 9, 2005.


Attorney(s) appearing for the Case

Craig C. Dilger, W. Duncan Crosby III, Ogden, Newell & Welch, PLLC, John T. McGarvey, Morgan & Pottinger, PSC, Louisville, KY, for appellant.

Dan M. Rose, R. Eberley Davis, Lizbeth Ann Tully, Stoll, Keenon & Park, LLP, Lexington, KY, for appellee C.R. Cable Construction, Inc.

Kevin G. Henry, Sturgill, Turner, Barker, & Moloney, PLLC, Lexington, KY, for appellee C.R. Cable Construction, Inc.

Before DYCHE and GUIDUGLI, Judges; PAISLEY, Senior Judge.


OPINION

DYCHE, Judge.

UPS Capital Business Credit (UPS Capital), appeals from a July 15, 2004, order of the Clark Circuit Court invoking the equitable doctrine of marshaling assets, thereby requiring UPS Capital to seek satisfaction of a debt on two notes owed by Patton Management Group, Inc. (d/b/a Wright Lopez) and Patton Management Corp. (f/k/a Wright Lopez, Inc.) (collectively Patton Management) through alternative sources, including loan guaranties...

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