ACUITY, A MUT. INS. CO. v. PLANTERS BANK, INC.

No. CIV.A. 3:03CV-367-H.

362 F.Supp.2d 885 (2005)

ACUITY, A MUTUAL INSURANCE COMPANY Plaintiff v. PLANTERS BANK, INC. Defendant.

United States District Court, W.D. Kentucky, at Louisville.

March 28, 2005.


Attorney(s) appearing for the Case

Thomas E. Crafton, Keith D. Heath, Alber Crafton, Louisville, KY, Clifford E. Yuknis, Lawrence R. Moelmann, Michael J. Leech, Hinshaw & Culbertson, Chicago, IL, for Plaintiff.

Janet P. Jakubowicz, Elisabeth S. Gray, James W. Herr, Greenebaum Doll & McDonald, Louisville, KY, for Defendant.

Roberta S. Dunlap, Trustee in Bankruptcy, Dunlap & Nesmith LLC, Evansville, IN, for Star Construction, Inc. Third Party Defendant.


MEMORANDUM OPINION

HEYBURN, Chief Judge.

This dispute arises because a contractor, Star Construction, Inc. ("Star"), defaulted on both its construction contract with the Commonwealth of Kentucky (the "Commonwealth") and its loan repayment with Planters Bank (the "Bank"). The contractor's surety, Acuity, claims the right to contract funds that the Bank had set off from Star's account. To resolve the conflict...

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