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<br />CF&I hu analyzed end wnsidued the issues raised by the EPA's claim to the <br />insurance sGUement proceeds, the wsrs of litigating such issues and the risks inherent to any <br />IitigWion, the possible imp0ations and consequenrxs of an objadon by the EPA ro the <br />Coverage Action SUUemenu end the implin0ons of Ure proposrd EPA Settlement <br />Agnxmenl on CFdrI, its esu~e and irs crdiWrs u well as the other Reorganir Debora in <br />Ihex jointly administered uses and their respective esutu end creditors. CPJeI, in the <br />exercix of its business judgment, entered into the EPA Settlement Agreement following arms <br />length bargaining, entered into the FPA SeNemenl Agreement in good lailh and CF&1 <br />beAievu that the EPA Settlement Agreement is in the best inlertsu et CFA{ it's estate and <br />it's creditors as well u the other Reorganized Debtors in Nose jointly administered uses and <br />(heir rcsprclive enures and creditors. <br />Based on the foregoing, CF&1 requests the Cozen enter an order granting this <br />Motion and approving the Settlement Agreement Between Renrganized CF&I Stcel <br />Corporatlon And The United Stiles On Behalf Of The U.S. Environmental Protection <br />Agency. <br />DATED this 15th day of June, 1995. <br />RAY, QUBVNEY & NEBEKER <br />J.ed tw, ~ fd ~ <br />Wulon L. Harris <br />MIW~ n1Yl <br />-Il- <br />SET7'LFniF1J'T AGREF~f[' BETWEEN <br />REORGANIZED CF&I STEEL CORPORATION <br />AND THE UNITED STATES ON BEHALF OF THE U.S. <br />FI4YDIONMFNTAL PROTECTION AGFIJCY <br />WHEREAS the following !acts a%itt: <br />A. CF&l Stmt Corporation ('CF&I') and its nine (9) subsidiuies <br />(collatively the 'DcbWrs') filed petitions for relief undo Chapter 11 of the United Stales <br />Bankruptcy Code on November 7, 1990 in Ne United Stater Bankruptcy Court for the <br />District of Utah. <br />B. The ten (10) bankruptcy cases (the •CF&.1 Bankroptcy Cases') were <br />jointly administered under Cox No. 90 B-26721 fide CF&1 Fabriuors of Ut_h. Inc. N ~. <br />C. The United Slabs on behalf of the United Stales Environmental <br />Protection Agency (the 'United Sutet•') filed a Proof Of Claim (the'United Sutec Proof <br />Of Claim') in the CFdcI Bankruptcy Cases, spaifinlly in the case of Kansas Meals <br />Company ('Kansas Metals'), Cax No. 90B-26724, and against CF&I in Cax No. 908- <br />26729. <br />D. The United Stales' Proof Of Claim uxrted against Kansas Melds was <br />a claim under the Comprehensive Environmental Response, Compensation, Liability Act of <br />'The reference to the 'United Stiles' in this Settlement Agrcemenl is limited b the <br />United States on behalf of the Environmental Proration Agency and does not apply to the <br />United Stites acting an behalf of any agency or depanment other than the Environmental <br />Proration Agency. <br />E%HIBIT 1 <br /> <br />