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IN RE TECHNOLOGY FOR ENERGY CORP.

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

140 B.R. 214 (1992)

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

United States Bankruptcy Court, E.D. Tennessee.

May 12, 1992.

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 Ray & Swafford, Chattanooga, Tenn., for American Ins. Co.

MEMORANDUM

RALPH H. KELLEY, Chief Judge.

The plaintiffs, Bechtel and Public Service, needed a radiation monitoring system for a nuclear power plant in New Jersey. Technology for Energy Corporation (TEC) agreed to build the system. The contract is made up of two purchase orders. For each purchase order, TEC obtained a payment and performance bond from American Insurance. Bechtel and Public Service brought this suit primarily to recover from American under...

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