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CF&I Fabricators of Utah, Inc. and related entities <br />{"CF52"), appellees in consolidated District Court appea]. <br />Nos. 93-C-396W and 93-C-392J (the "Pending Appeals"), and the <br />IInited Mine Workers of America Combined Benefit Fund <br />("Combined Fund") and its Trustees and the UMWA 1992 Beneefit <br />Plan ("1992 Plan") and its Trustees, appellants in the <br />Pending Appeals, hereby stipulate to the dismissal of th~a <br />Pending Appeals of the Order Dated February 19, 1993 <br />Estimating the Claims of UMWA Combined Benefit Fund and of <br />1992 LTMWA Benefit Plan Pursuant to Motions Dated January 26, <br />1993 ("Estimation Order") issued by the United States <br />Bankruptcy Court for the District of Utah ("Bankruptcy <br />Court"), and jointly move this Court pursuant to Rule B001(e) <br />of the Federal Rules of Bankruptcy Procedure to dismiss these <br />appeals. The parties have agreed to dismissal of these <br />appeals pursuant to a settlement agreement dated <br />1995, which was approved by order of the <br />Bankruptcy Court entered on 1995. <br />The parties .further request the Court to remand this <br />matter to the Bankruptcy Court with instructions to the <br />Bankruptcy Court to withdraw and vacate the Estimation Order <br />as moot, in accordance with applicable law. The bases for <br />vacatur and dismissal of the Estimation Order are as follows: <br />1. The Combined Fund and the 1992 Plan were <br />established pursuant to the Coal Industry Retiree Health <br />- 2 - <br />