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RELIABLE ELEC. CO., INC. v. OLSON CONST. CO.

No. 82-1328.

726 F.2d 620 (1984)

RELIABLE ELECTRIC CO., INC., Plaintiff-Appellant, v. OLSON CONSTRUCTION COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 28, 1984.

Attorney(s) appearing for the Case

Jon B. Clarke, Denver, Colo. (Joel Laufer, Littleton, Colo., with him on the brief), of Clarke & Waggener, P.C., Denver, Colo., for plaintiff-appellant.

Charles H. Haines, Jr., Denver, Colo. (John M. Spillane, Denver, Colo., with him on the brief), for defendant-appellee.

Before BARRETT and McKAY, Circuit Judges, and BROWN, Senior District Judge.

BARRETT, Circuit Judge.

Reliable Electric Company (Reliable), the debtor, appeals from a final order of the federal district court affirming a decision of the United States Bankruptcy Court for the District of Colorado that the prepetition unsecured claim of Olson Construction Company (Olson), the creditor, is not subject to Reliable's confirmed Plan of Reorganization. The bankruptcy court found that although Olson possessed actual knowledge of the reorganization...

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