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<br /> <br /> <br />~% :cretary contends that CF6I's Motion should be denied <br />pause the Bankruptcy Court lacks jurisdiction to enter an order <br />in aid of consummation of the Plan of Reorganization that would <br />define the scope of CFSI's duties as an ERISA fiduciary in <br />selecting and purchasing an annuity contract with the Pension <br />Plan's assets. Second, the Secretary maintains that CFfii's <br />Motion should be denied because it presents only a hypothetical <br />controversy, not the actual case or controversy as required by <br />Article III of the United States Constitution. Finally, the <br />Secretary maintains that CF&I's Motion should be denied on its <br />merits because ERISA section 404 (a) requires CF&I, as a <br />fiduciary, to purchase the safest available annuity, unless CF6I, <br />as a fiduciary, can show that the interests of the participants <br />and beneficiaries would be best served by doing otherwise. <br />DATED this 21st day of October, 1993. <br />For the Secretary of Labor: <br />SCOTT MATHESON (UT Bar #4714) <br />U.S. Attorney <br />DANIEL D. PRICE (UT Bar #2646 <br />Assistant U.S. Attorney <br />350 South Main Street <br />Room 478 <br />Salt Lake City, UT 84104 <br />(801) 524-5682 <br />Cam' " "' ~• <br />ERIC G. SERRON <br />Trial Attorney <br />Plan Benefits Security <br />Division <br />Office of the Solicitor <br />U.S. Department of Labor <br />P.O. Box 1914 <br />Washington, D.C. 20013 <br />(202) 219-7923 <br />3 <br />