IN RE RUST OF KENTUCKY, INC.

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

465 B.R. 787 (2012)

In re RUST OF KENTUCKY, INC., Debtor. Rust of Kentucky, Inc., Plaintiff, v. TMS Contracting, LLC, and Fidelity and Deposit Company of Maryland, Defendants.

United States Bankruptcy Court, W.D. Kentucky.

March 2, 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 Plaintiff.

Mark A. Robinson , Valenti, Hanley & Robinson, LeAnders Lisa Jones , Louisville, KY, Reginald M. Jones , Fox Rothschild LLP, Rochelle D. Laws , Stephen J. Kelleher , 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.


ORDER-MEMORANDUM-OPINION

JOAN A. LLOYD, Bankruptcy Judge.

This matter is before the Court on the Motion for Clarification filed by Defendant Fidelity and Deposit Company of Maryland ("F & D") in its Capacity as Performance Bond Surety for Plaintiff Rust of Kentucky, Inc. ("Rust"). Although the Court's Judgment of February 7, 2012 disposes of the issues raised in F & D's Motion, the Court will GRANT the Motion of F & D in order...

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