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<br /> <br />7. The Debtors objected and requested, in connection <br />with confirmation of the Reorganization Plan, that this Court <br />estimate at SO any priority claims of the Funds. On February <br />19, 1993, the Court issued the Estimation Order, estimating <br />priority claims of the Funds at S0. The Funds appealed the <br />Estimation Order to the District Court. <br />8. In January 1993, when the issues underlying the <br />Estimation Order were being considered by this Court and the <br />parties, certain provisions of the Coal Act had not become <br />effective, and the Funds were not yet fully operational. <br />Notwithstanding these circumstances, the Court was required <br />to address and decide very quickly the question of the <br />priority to be accorded to the Funds' Claims, consider <br />whether the Claims would affect confirmation of the <br />Reorganization Plan -- which had been years in the making -- <br />and whether the Claims would affect the Debtors' ability to <br />meet applicable confirmation standards. This Court therefore <br />had no choice but to rule on the issues underlying the <br />Estimation Order in an expedited manner. Moreover, before <br />they were fully operational, the Funds had no choice but to <br />attempt, under strict time constraints, to protect their <br />rights regarding the appropriate priority for future claims <br />arising under the Coal Act. <br />9. The circumstances surrounding the entry of the <br />Estimation Order were unique and will not occur again. Under <br />- 4 - <br />