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GENERAL49669
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Last modified
8/24/2016 8:29:12 PM
Creation date
11/23/2007 5:19:06 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1977376
IBM Index Class Name
General Documents
Doc Date
10/27/1995
Doc Name
STIPULATION & MOTION FOR VACATUR OF ESTIMATION ORDER
Media Type
D
Archive
No
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•~ ; <br />t <br />Amended and Restated Joint Plan Reorganization ["Plan of <br />Reorganization"] nor disturb pending appeals and proceedings <br />in the Debtors' Chapter 11 cases." A copy of the District <br />Court's September 12 order is attached hereto as Exhibit 1. <br />4. While mootness resulting from a settlement may not, <br />alone, be sufficient grounds to vacate a judgment, vacatur <br />may be appropriate if "exceptional circumstances" warrant <br />vacatur. U.S. Bancoro Mortaaae Co. v. Bonner Mall <br />Partnership, 513 U.S. _, 130 L. Ed. 2d 233, 244 (1994). <br />The exceptional circumstances in this case warrant vacatur of <br />the Estimation Order. <br />5. The Combined Fund and the 1992 Plan (collectively, <br />the "Funds") were established pursuant to the Coal Industry <br />Retiree Health Benefit Act of 1992 (the "Coal Act"), which <br />was enacted on October 24, 1992 as part of the Energy Policy <br />Act. The Coal Act established February 1, 1993 as the date <br />the Funds were to assume their full statutory duties. <br />6. On January 25, 1993, the bar date set by this Court <br />for the Funds to file claims against the Debtors, ttie Funds <br />filed "Statements in Lieu of Proofs of Claim or in the <br />Alternative, Proofs of Claim" ("Statements") against the <br />Debtors to protect the potential claims of the Funds arising <br />under the Coal Act. The Funds filed the Statements noting <br />future obligations in the approximate amount of $50 million, <br />entitled to priority status. <br />- 3 - <br />
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