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4. The circumstances surrounding the entry oP the <br />Estimation Order were unique, and will not occur again. <br />Moreover, vacatur of an order which was entered in the <br />absence of time and experience necessary for reasoned <br />consideration of complex issues will facilitate development <br />of the law under the Coal Act. <br />5. The determination of whether an appellate court <br />should instruct the lower court to vacate the order under <br />review is an equitable determination U.S. Bancoro Mortaagg <br />Col v. Bonner Mall Partnership, 513 U.S. _, 130 L. Ed. 2d <br />233, 234 (1994). The exceptional circumstances of this ease <br />warrant vacatur of the Bankruptcy Court's Estimation Order. <br />The pazties therefore request the Court to instruct the <br />Bankruptcy Court to vacate the Estimation Order. <br />6. The parties have agreed to pay their own costs and <br />believe that no court costs or fees are owing in these <br />appeals. The other appeals formerly consolidated with the <br />Pending Appeals, District Court Nos. 93-C-180W, 93-C-2206, <br />93-C-383B and 93-C-387A, were earlier dismissed by the Court <br />- 4 - <br />