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remand -- the Court declined to hold as a matter of law that the <br />amount of that claim was governed by assumptions prescribed by <br />Title IV of ERISA, 29 U.S.C. ~ 1301(a)(18). Rather, the Court <br />adverted to bankruptcy "principles that require fair and uniform <br />distribution among creditors," and required an evidentiary <br />hearing. 11/9/92 Mem. Dec. at 11. The Court also said that it <br />would afford "due deference" to PBGC's calculation and give it <br />"substantial weight" in the Court's ultimate determination under <br />11 U.S.C. § 502(b), unless the Court found "some unfair and <br />unreasonable advantage" in favor of PBGC and against other <br />creditors. Id. <br />The Court then held three days of trial on November 10, <br />12, and, 30, 1992, in which it heard the testimony of many <br />witnesses, including actuarial and financial experts for both <br />sides. On December 31, 1992, this Court rendered its second <br />decision. Stating that the issue was the value of unfunded <br />promised benefits "in today's dollars," the Court held that the <br />PBGC had the burden of proving its claim by a "preponderance of <br />evidence." 12/31/94 Mem. Dec. at 3, 13. Based on "the weight of <br />the evidence," as well as "all applicable equitable factors," the <br />Court held that the allowed amount of PBGC's unfunded benefit <br />liabilities claim should be calculated in accordance with ERISA, <br />2Memorandum Decision and Order from Evidentiary Hearing <br />Related to Debtors' Objections, Dated 10/02/92, to Twenty Amended <br />Proofs of Claim Filed by Pension Benefit Guaranty Corporation <br />("12/31/92 Mem. Dec."). <br />- 3 - <br />