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MADISON CAPITAL CO., LLC v. S & S SALVAGE, LLC

Civil Action No. 4:08-CV-00134-JHM.

765 F.Supp.2d 923 (2011)

MADISON CAPITAL COMPANY, LLC, Plaintiff v. S & S SALVAGE, LLC, and River Metals Recycling, LLC, Defendants and River Metals Recycling, LLC, Cross-Claim Plaintiff v. S & S Salvage, LLC, Cross-Claim Defendant and S & S Salvage, LLC, Third Party Plaintiff v. American Mining & Manufacturing Corporation and Timothy P. Smith, Third Party Defendants.

United States District Court, W.D. Kentucky, Owensboro Division.

January 19, 2011.

Attorney(s) appearing for the Case

Steven M. Henderson, Stites & Harbison, PLLC, Louisville, KY, Gregory P. Parsons, Laura M. Bennett, Ryan R. Loghry, Stites & Harbison, PLLC, Lexington, KY, for Plaintiff.

Jean W. Bird, George L. Seay, Jr., Wyatt, Tarrant & Combs LLP, Lexington, KY, for Defendants, Cross Defendant, Third Party Plaintiff.

Joseph H. Langerak, IV, Ross E. Rudolph, Rudolph Fine Porter & Johnson, LLP, Evansville, IN, for Third Party Defendants, Cross Claimant, Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH H. McKINLEY, JR., District Judge.

This matter is before the Court on cross motions for summary judgment by Plaintiff Madison Capital Company, LLC [DN 67], Defendant River Metals Recycling, LLC [DN 66], and Defendant S & S Salvage, LLC [DN 68]. Fully Briefed, this matter is ripe for decision.

I. STANDARD OF REVIEW

Before the Court may grant a motion for summary judgment, it must find that there...

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