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IN RE TECHNOLOGY FOR ENERGY, CORP.

Bankruptcy No. 3-85-00455, Adv. No. 1-89-0266.

123 B.R. 979 (1991)

In re TECHNOLOGY FOR ENERGY, CORP., Debtor. PUBLIC SERVICE ELECTRIC & GAS CO., & Bechtel Engineering Co., Inc., Plaintiffs, v. TECHNOLOGY FOR ENERGY, CORP., & American Insurance Co., Defendants.

United States Bankruptcy Court, E.D. Tennessee.

February 8, 1991.

Attorney(s) appearing for the Case

John A. Lucas and Jeffrey S. Norwood of Hunton & Williams, Knoxville, Tenn., for Public Service Elec. & Gas Co. & Bechtel Engineering Co., Inc.

G. Rhea Bucy & A. Scott Derrick of Gullett, Sanford, Robinson & Martin, and Lawrence R. Ahern, III of Bass, Berry & Sims, Nashville, Tenn., for Technology for Energy, Corp.

Robert L. Crossley and Nicholas A. Della Volpe of Baker, Worthington, Crossley, Stansberry & Woolf, Knoxville, Tenn., and Thomas E. Ray of Patrick, Beard, Richardson & Ray, Chattanooga, Tenn., for American Ins. Co.

MEMORANDUM

RALPH H. KELLEY, Chief Judge.

I. INTRODUCTION

Technology for Energy (TEC) is the debtor in a Chapter 11 bankruptcy case. Before its bankruptcy, TEC agreed to build a radiation monitoring system for a nuclear power plant that the plaintiffs, Bechtel and Public Service, were building in New Jersey. The parties made the contract in the form of two purchase orders; TEC was the seller; Bechtel and Public Service were the buyers. American Insurance...

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