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alleging that CF&I Steel was no longer obligated to provide non- <br />pension benefits to retired coal miners formerly employed by CFS:I <br />Steel and asserting avoiding actions against the 1974 Plan and <br />the Combined Fund as the successor by merger of the 1974 Plan, <br />and the Combined Fund disputed the allegations; and <br />WHEREAS, in January 1994, the Bankruptcy Court granted <br />partial summary judgment in favor of CF&I Steel in the Adversary <br />Proceeding by a memorandum decision reported at 163 B.R. 858 <br />(Bankr. D. Utah 1994) (the "Summary Judgment Memorandum <br />Decision") and by an order entered March 2, 1994 {the "Summ•ary <br />Judgment Order"); and <br />WHEREAS, the Combined Fund filed an appeal to the United <br />States District Court for the District of Utah (the "District <br />Court"), Case No. 94-C-285J, from the Summary Judgment Order and <br />Summary Judgment Memorandum Decision, which appeal was <br />subsequently dismissed pursuant to joint motion of the parties; <br />and <br />WHEREAS, trial of the remaining issues in the Adversary <br />Proceeding was scheduled for October 14, 1994, but was cont:Lnued <br />on the basis of the settlement contemplated hereby; and <br />WHEREAS, the Combined Fund would appeal any final judgment <br />entered against it in the Adversary Proceeding; and <br />WHEREAS, the Bankruptcy Court (A) on December 17, 1952 <br />entered its Order (1) Approving Motion Dated 12/1/92, (2) Fixing <br />January 25, 1993 as the Bar Date for Filing Claims by the United <br />Mine Workers of America Combined Benefit Fund and the 1992 iJnited <br />Mine Workers of America Benefit Plan under the Coal Industr~~ <br />Retiree Health Benefit Act of 1992 (the "Coal Act"), (3) Fi~:ing <br />2 <br />