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IN RE STORAGE TECHNOLOGY CORP.

Bankruptcy No. 84 B 05377 G, Adv. Nos. 84 G 0945, 84 G 0953, 84 M 0963, 84 G 0971, 84 G 0978, 84 C 0999, 85 C 0014, 85 J 0026, 85 G 0119 and 85 C 0168, Motion No. 1108 G 15.

48 B.R. 862 (1985)

In re STORAGE TECHNOLOGY CORP., Debtor. In re PIKE TOOL & GRINDING, Plaintiff, v. STORAGE TECHNOLOGY CORP., Defendant. In re UNITED MACHINING, INC., Plaintiff, v. STORAGE TECHNOLOGY CORP., Defendant. In re STYRO-MOLDERS CORP., Plaintiff, v. STORAGE TECHNOLOGY CORP., Defendant. In re RBM PRECISION METAL PRODUCTS, Plaintiff, v. STORAGE TECHNOLOGY CORP., Defendant. In re N.S. MACHINING, Plaintiff, v. STORAGE TECHNOLOGY CORP., Defendant. In re MARKHON INDUSTRIES, INC., Plaintiff, v. STORAGE TECHNOLOGY CORP., Defendant. In re ACDC ELECTRONICS, Plaintiff, v. STORAGE TECHNOLOGY CORP., Defendant. In re SIEMENS, Plaintiff, v. STORAGE TECHNOLOGY CORP., Defendant. In re APPLIED MAGNETICS CORP., Plaintiff, v. STORAGE TECHNOLOGY CORP., Defendant. In re ARGUS, Plaintiff, v. STORAGE TECHNOLOGY CORP., Defendant. AMETEK, INC. and American Credit Indemnity and Hadco Corp., Intervenors v. STORAGE TECHNOLOGY CORPORATION.

United States District Court, D. Colorado.

Decided April 29, 1985.

Attorney(s) appearing for the Case

Ron Martin, Colorado Springs, Colo., for Pike Tool, Styro-Molders Corp., ACDC Electronics and Applied Magnetics Corp.

Robert Duitch, Colorado Springs, Colo., for RBM Precision Metal Products.

Leslie Kline, for United Machining, Inc.

Diana Paine, for N.S. Machining.

Paul Rubner, Denver, Colo., for Markhon Industries, Inc.

Amy Loper, Denver, Colo., for Siemens.

Norman Haglund, Denver, Colo., for Ametek.

George Webster, and Leslie Reed, Denver, Colo., for debtor.

Charles Tantelbaum and Alan Grouchel, for American Credit Indem. and Hadco Corp., intervenors.

Before McGRATH, CLARK and GUECK, Bankruptcy Judges.

FINDINGS OF FACT, CONCLUSIONS AND ORDER UPON DEFINITION OF INSOLVENCY UNDER 11 U.S.C. § 546(c)

The issue before this Court is whether the term "insolvent", as used in 11 U.S.C. § 546(c) refers to the bankruptcy definition found at 11 U.S.C. § 101(29), or the Uniform Commercial Code definition found at § 4-1-201(23), C.R.S. The practical effect of this decision is to determine whether a seller seeking to reclaim goods under § 546(c) must show...

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