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IN RE BROOKS SAND AND GRAVEL, LLC

Bankruptcy No. 06-30259, Adversary No. 06-3158.

361 B.R. 477 (2007)

In re BROOKS SAND AND GRAVEL, LLC, Debtors. Cobalt Ventures, LLC, et al., Plaintiffs, v. Bank of America, Defendants.

United States Bankruptcy Court, W.D. Kentucky.

February 13, 2007.

Attorney(s) appearing for the Case

David M. Cantor, Seiller Waterman LLC, Louisville, KY, for Plaintiffs.

MEMORANDUM-OPINION

JOAN A. LLOYD, Bankruptcy Judge.

This matter is before the Court on the Motion to Dismiss of Defendant Bank of America, N.A. ("Bank") and the Response to the Motion to Dismiss of Plaintiffs Cobalt Ventures, LLC and Cobalt Mining, LLC ("Cobalt"). The Court considered the written submissions of the parties and the comments of counsel at the hearing held January 30, 2007. For the following reasons, the Court GRANTS the...

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