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<br />25. On November 7, 1990 (the `Petition Date"), CFiI filed a <br />petition aeeking relie! under Chapter 11 0! the Bankruptcy Code. <br />26. On or about the Petition Date, CFiI infoaed the DOL <br />that CFiI had Tiled bankruptcy and that it rould no longer be <br />able to pay Black Lung Benefits to eligible coal ainera lormerly <br />employed by CFiI (the `Former Coal Miners") and the surviving <br />dependents of deceased Former Coal Miners (the `Surviving <br />Dependents") as required by the 1969 11ct. Objection and <br />Complaint q 37; I-nswer ! 11. <br />27. On or about November 7, 1990, CFiI requested that the <br />DOL take over responsibility for the pnyment of Black Lung <br />Benefits to approximately 125 Former Coal Miners and 23 Surviving <br />Dependents who, prior to the Petition Date, had Deen determined <br />to be eligible for such benefits under the 1969 11ct, which Black <br />Lung Benefits CFiI was paying prior to the Petition Date. <br />Objection and Complaint ! 38; ]lnswer Z 11; DOL Proof o! Claim, <br />Statement in Support of Claim, Response No. 3, and letter dsted <br />Nov. 7, 1990 form Gene 1-. Straaheim of CFiI to Sorrard Millar o! <br />the DOL. A copy of the DOL Proof of Claim is attached as <br />Exhibit 1~ to the Objection and Complaint. <br />28. On November 1~, 1990, the DOL began paying Black Lung <br />8enefitc out of the Trust Fund to 119 Forasr Coal Miners and 23 <br />Surviving Dependents vho, prior to the Petition Date, had been <br />li <br />~. <br />