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IN RE SMITH MINING AND MATERIAL, LLC

Bankruptcy No. 06-30260. Adversary No. 08-3015.

399 B.R. 199 (2008)

In re SMITH MINING AND MATERIAL, LLC, Debtor. J. Bruce Miller, Trustee, Plaintiff v. Certified Construction Co. of Kentucky, LLC, Defendant.

United States Bankruptcy Court, W.D. Kentucky.

September 12, 2008.

Attorney(s) appearing for the Case

Dean A. Langdon, Heather Geisberg Pennington, Wise DelCotto PLLC, Lexington, KY, for Plaintiff.

Thomas W. Frentz, Middleton Reutlinger, Louisville, KY, for Defendant.

MEMORANDUM-OPINION

JOHN A. LLOYD, Bankruptcy Judge.

This matter came before the Court for hearing on the Motion to Reopen and to Set Aside Default Judgment of Defendant Certified Construction Company of Kentucky, LLC ("Certified"). The Court considered the Motion of Certified, the Objection to Defendant's Motion to Reopen and Set Aside Default Judgment of Trustee, J. Bruce Miller ("Trustee"), the comments of counsel at the hearing held on the matter...

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