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Amended and Restated Joint Plan of Reorganization dated Dec~:mber <br />1, 1992 (the "Confirmation Order"); and <br />WHEREAS, the Combined Fund and the 1992 Plan timely <br />appealed the Bar Date Order to the District Court as Distri~:t <br />Court Nos. 93-C-180W and 93-C-220G, respectively; and <br />WHEREAS, the Combined Fund and the 1992 Plan timely <br />appealed the Estimation Order to the District Court as District <br />Court Nos. 93-C-396W and 93-C-392J, respectively; and <br />WHEREAS, the Combined Fund and the 1992 Plan timely <br />appealed the Confirmation Order to the District Court as District <br />Court Nos. 93-C-383B and 93-C-387A, respectively; and <br />WHEREAS, the District Court on May 18, 1993 entered .an <br />Order consolidating under District Court No. 93-C-180W District <br />Court Nos. 93-C-180W, 93-C-220G, 93-C-383B, 93-C-387A, 93-C-396W, <br />and 93-C-392J (the Combined Fund and 1992 Plan's appeals of the <br />Bar Date Order, Estimation Order, and Confirmation Order); snd <br />WHEREAS, the District Court, by memorandum decision <br />reported at 169 B.R. 984 (D. Utah 1994) (the "District Court <br />Mootness Decision") dismissed District Court Nos. 93-C-180W, <br />93-C-220G, 93-C-383B, and 93-C-387A, (the Combined Fund and the <br />1992 Plan's appeals of the Bar Date Order and Confirmation ~7rder) <br />on the basis that they were moot; and <br />WHEREAS, the Combined Fund and the 1992 Plan appealed the <br />District Court Mootness Decision (the "Tenth Circuit Appeals") to <br />the United States Court of Appeals for the Tenth Circuit (the <br />"Tenth Circuit"), and these appeals (Nos. 94-4179 and 94-4181), <br />which have been consolidated, are pending before the Tenth <br />Circuit; and <br />4 <br />