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IN RE RUST OF KENTUCKY, INC.

Bankruptcy No. 10-10271(1)(11). Adversary No. 10-1032.

439 B.R. 409 (2010)

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

United States Bankruptcy Court, W.D. Kentucky.

November 10, 2010.

Attorney(s) appearing for the Case

Scott A. Bachert , Bowling Green, KY, Stephen M. Seeger , Seeger, Faughman, Mendicino, PC, Washington, DC, for Plaintiff.

Mark A. Robinson , Valenti, Hanley & Robinson, LeAnders Lisa Jones , Louisville, KY, Reginald M. Jones , Smith, Currie & Hancock LLP, Washington, DC, Brian M. Falcon , Terrence L. Brookie , Frost, Brown, Todd, LLC, Indianapolis, IN, for Defendant.

MEMORANDUM-OPINION

JOAN A. LLOYD, Bankruptcy Judge.

This matter is before the Court on the Motion of TMS Contracting, LLC ("TMS") to Compel Arbitration and Stay Adversary Proceeding. The Court considered the Motion of TMS, the Motion of Fidelity & Deposit Company of Maryland ("Fidelity") Joining in the Motion of TMS to Compel Arbitration, the Objection to the Motion to Compel Arbitration of Plaintiff/Debtor...

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