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<br /> <br />Weston L. Harris (1367) <br />RAY, QUINNEY Er NEBEKER <br />79 South Main StreG, Suite 400 <br />P. O. Box 45385 <br />Salt lske Cily, UT 84145-0385 <br />Telephone: (801) 532-1500 <br />Attorneys (or the Reorganized Debtors <br />UNffF,D STATES BANKRUPTCY COURT <br />FOR THE DISTRIC'T' OF UTAH <br />CENTRAL DIVISION <br />In re: <br />CF&I FABRICATORS OF UTAH, Bankruptcy No. 906-2672( <br />INC., ET AL., Joint Administration <br />(Chapter II) <br />Debtors. <br />(CF&1 Steel Corporation) (Bankruptcy No. 90B-26729) <br />RFARGANIZFA CF&! STEEL CORPORATION'S MOTION <br />DATED MAY 9, 1995 FOR ORDER AUTHORIZING <br />PROPOSED SALE OF ARKANSAS VALLEY CONDUIT PROPERTY <br />Reorganized CF&1 St«I Corporation, ('CF&I'), by and through its counxl Ray, <br />Quinney & Nebeker, hereby moves the Court (or an order authorizing CF&I b sell certain <br />rnl properly wmmonly known as the Arkansaz Valley Conduit property (the 'AVC <br />Property') pursuant to I l U.S.C. ¢363 atM the Debtors' and Railroad Trustee's First <br />AmmAerl and Re<rarM Ipinr 9lan ,.( p.„ ~ i_5o.^. n~'„-ate, D,~.,-„ter ,,,, d,,, ,r, <br />wnnection with this Motion repreunts the following: <br />1. These Chapter l1 ales were commenced by voluntary petitions filed on <br />November 7, 1990. <br />2. ey order emend February 12, 1993, this Court confirmed, pursuant to 11 <br />U.S.C. ¢ 1129, the Debtors' and Railroad Trustee's First Amended and Resisted Joint Plan <br />of Reorganirrvon Dated December 1, 1992 (the 'Confirmed Plan'). <br />3. The Effective Date of the Confirmed Plan waz Mazth 1, 1993. <br />4. Section 33 of the Confirmed Plan provides: <br />Use. Sale. or Inse of Remainine Prooertv. All property of the Debtors or of <br />the Debtors' estates not sold under Ne Asset Purchase Agramrnt shall be <br />used, sold, or leased in an orderly manner using such methods as are <br />appropriate in the discretion of the Reorganized Debtors to obtain for holders <br />of Claims entiBed b distribulians ou[ of such property the highest net value <br />from such rcmaining~assets within a reasonable period of time. <br />5. In accordance with section S3 0( the Confirmed Plan, CF&I haz actively <br />solicited offers for the sale of iu assets. <br />6. CF&I has received an offer and entered into a Vaonl Iznd Contract to Buy <br />i <br />~ and Shc Real Elute (the'Contract'), with Surplus Items Inc., a Delaware corporation, with <br />tespeU to the AVC Property, more particularly described in the Conuacl. A copy of the <br />Convect is a[isched hereto and incorporated herein az Exhibit 'A.' <br />2 <br />I <br />