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IN RE CF & I FABRICATORS OF UTAH, INC.

No. 97-4079.

150 F.3d 1233 (1998)

In re CF & I FABRICATORS OF UTAH, INC., Reorganized Debtor. UNITED STATES TRUSTEE, Appellee, v. CF & I FABRICATORS OF UTAH, INC.; Pueblo Metals Company; Pueblo Railroad Service Company; Colorado & Wyoming Railway Company; Denver Metals Company; Colorado & Utah Land Company; CF & I Fabricators of Colorado, Inc.; Kansas Metals Company; Albuquerque Metals Company; CF & I Steel Corporation, collectively "debtors", Appellants.

United States Court of Appeals, Tenth Circuit.

June 30, 1998.

Attorney(s) appearing for the Case

Weston L. Harris (Elaine A. Monson, with him on the briefs), Ray, Quinney & Nebeker, Salt Lake City, Utah, for Appellants.

Bruce G. Forrest (Martha L. Davis, General Counsel, Paul Bridenhagen, and William Kanter, with him on the briefs), Appellate Staff, Department of Justice, Washington, DC, for Appellee.

Before PORFILIO, McKAY, and TACHA, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

In this case, we are asked to determine the effect of Congress' amendment of 28 U.S.C. § 1930(a)(6) which governs the imposition of quarterly fees for the United States Trustee (UST) in certain Chapter 11 bankruptcy reorganizations. Because it could find no clear congressional intent to impose the fee retroactively and determined the fee would impermissibly require modification of a confirmed

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