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IN RE KY USA ENERGY, INC.

Bankruptcy No. 10-11424(1)(11). Adversary No. 10-1049.

444 B.R. 734 (2011)

In re KY USA ENERGY, INC., et al., Debtors. K & D Energy, a Kentucky Partnership, Michael Slinker and Kimberly Slinker, Randall Francis and Larry Grace, and Billy Hunter and Wilma J. Hunter, Plaintiffs v. KY USA Energy, Inc., and Hilltopper Energy, LLC, Defendants.

United States Bankruptcy Court, W.D. Kentucky, Bowling Green Division.

February 22, 2011.

Attorney(s) appearing for the Case

Daniel N. Thomas, David E. Arvin, Thomas & Arvin, Hopkinsville, KY, for Plaintiffs.

Scott A. Bachert, William Codell, Harned Bachert & McGehee PSC, Bowling Green, KY, John D. Bertram, Joseph A. Bott, Campbellsville, KY, for Defendants.

MEMORANDUM-OPINION

JOAN A. LLOYD, Bankruptcy Judge.

This matter is before the Court on the Motion for Partial Summary Judgment of Defendant/Debtor KY USA Energy, Inc. ("Debtor") on Counts III and IV of the Complaint of Plaintiffs K & D Energy, et al. ("Plaintiffs"). The Court considered the Debtor's Motion and Supporting Memorandum of Law, the Response in Opposition to Debtor's Motion for Partial Summary Judgment and the comments of counsel for the parties...

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