IN RE APOGEE ROBOTICS, INC.

Civil Action No. 96-K-2608, Bankruptcy No. 94-22193, Adversary No. 96-1653 PAC.

205 B.R. 270 (1997)

In re APOGEE ROBOTICS, INC. and AGV Acquisitions, Inc. FOSS REALTY, INC., Defendant-Appellant, v. APOGEE ROBOTICS, INC., Plaintiff-Appellee.

United States District Court, D. Colorado.

February 13, 1997.


Attorney(s) appearing for the Case

Thomas F. Quinn, Pearl, Solomon, Blum & Quinn, Denver, CO, for Plaintiff-Appellee.

Donald T. Trinen, Hart & Trinen, L.L.P., Denver, CO, for Defendant-Appellant.


DECISION ON APPEAL

KANE, Senior District Judge.

At issue in this bankruptcy appeal is a somewhat procrustean—but correct—application of the Colorado Uniform Commercial Code's provisions regarding certificated securities.

Appellant Foss, who was given a stock certificate by Apogee as collateral for a $200,000 loan, intentionally or mistakenly (the story changed after summary judgment entered against Foss in the bankruptcy court) returned...

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