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IN RE SPECIALIZED INSTALLERS, INC.

Bankruptcy No. 81 K 0391.

12 B.R. 546 (1981)

In re SPECIALIZED INSTALLERS, INC., Debtor. CLIMAX MOLYBDENUM COMPANY, Plaintiff, v. SPECIALIZED INSTALLERS, INC., et al., Defendants, and SPECIALIZED INSTALLERS, INC., Third-Party Plaintiff, v. AVERY CONSTRUCTION COMPANY, Third-Party Defendant.

United States Bankruptcy Court, D. Colorado.

July 16, 1981.

Attorney(s) appearing for the Case

Christopher Lane and William H. Rutter, Sherman & Howard, Denver, Colo., for plaintiff.

Michael A. Berniger, Berniger, Berg & Sterling, Colorado Springs, Colo., for defendants Specialized Installers, Inc., Lester H. Kahler, Jr., and Dorothy A. Kahler.

Robert M. Duitch, Duitch, Duitch & Gerig, Colorado Springs, Colo., for defendant Berniger, Berg & Sterling.

Terry D. Hendricks, Hendricks & Hendricks, Colorado Springs, Colo., for defendant The Western National Bank of Colorado Springs.

J. Royce Renfrow, Colorado Springs, Colo., for defendant Schmidt-Tiago Const. Co.

Leon R. Hetherington, Frisco, Colo., for third-party defendant Avery Const. Co.

MEMORANDUM

GLEN E. KELLER, Jr., Bankruptcy Judge.

Plaintiff, Climax Molybdenum Company (Climax), has filed a complaint against the Debtor and others seeking to recover $61,628.03 alleged to be held in trust by the Defendants. The facts are largely undisputed.

Climax owns and operates a large mine in Lake County, Colorado. The mine consists of a large open pit, a tailings pond, numerous warehouses and buildings...

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