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WILSON v. PAINE

No. 2008-SC-000905-CL.

288 S.W.3d 284 (2009)

John R. WILSON, Trustee for Franklin Career Services, LLC, Petitioner v. David B. PAINE and John Newton, Respondent.

Supreme Court of Kentucky.

June 25, 2009.

Attorney(s) appearing for the Case

John Rollin Wilson, Ruck, Wilson, Helline & Brockman, PLLC, Louisville, KY, Counsel for Appellant.

John H. Dwyer, Jr. Pedley, Zielke, Gordinier & Pence, PLLC, Louisville, KY, Counsel for Appellee, David B. Paine.

Jan Charles Morris, Louisville, KY, Counsel for Appellee, John Newton.

Opinion of the Court by Justice CUNNINGHAM.

Pursuant to CR 76.37(1), this Court granted the certification request of the United States Bankruptcy Court for the Western District of Kentucky to answer the following question of Kentucky law:

I. Whether the equitable rule of adverse domination applies to toll the statute of limitations set forth in KRS §§ 271B.8-330(3) and 271B.6-400?

In certifying...

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