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GENERAL50192
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Last modified
8/24/2016 8:32:53 PM
Creation date
11/23/2007 5:45:41 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Date
5/9/1991
Doc Name
MEMORANDUM IN SUPPORT OF DEBTORS MOTION FOR AN ORDER DETERMINING CERTAIN RECLAMATION CLAIMS AND GRAN
Media Type
D
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No
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have been met. Conversely, the Invalid Reclamation Claims fail <br />to meet the appropriate standards as explained below. <br />A. <br />Each of the Reclamation Claimants vith Valid Reclamation <br />Claims listed in Exhibit A sold goods, as defined by the Colorado <br />Uniform Commercial Code, to CF&I Steel. Colorado Revised <br />Statutes 4-2-105(1) defines goods as <br />all things (including specially manufactured goods) which <br />are movable at the time of identification to the contract <br />for sale other than the money in which the price is to be <br />paid, investment securities (article 8 of this title), and <br />things in action. <br />The nature and identity of some of the products sold to CF6I are <br />set forth in the invoices attached to the demand letters attached <br />hereto as Exhibits C through X. This merchandise is tangible and <br />movable, and is therefore "goods" within the contemplation of the <br />Uniform Commercial Code. <br />Furthermore, as also evidenced by the invoices, the <br />Reclamation Claimants holding Valid Reclamation Claims are all <br />sellers of goods as opposed to shippers or other persons who may <br />have only transported such goods. <br />B. <br />Because all of the Reclamation Claimants holding Valid <br />Reclamation Claims sell or otherwise deal generally with respect <br />to the type of goods which they sold, respectively, to CF&I <br />Steel, the sale of goods by the Reclamation Claimants was an <br />ordinary course transaction. Pe Affidavit of Ronald K. Craft, <br />11 <br />
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