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<br />determined to be eligible for such benefits under the 1969 l~ct.3 <br />DOL Proof of Claim, Statement in Support of Claim, Response <br />No. 3. <br />29. Prior to flee Petition Date, the DOL did not sake uny <br />demand on CFiI for reimbursement o! Slack Lunq Benefits pair! out <br />of the Trust Fund to Former Coal Miners or Surviving Dependents <br />on account of claims against CFiI, except for certain Slack Lung <br />Benefits paid out of the Trust Fund (the "Interim Benefits".~ t.o <br />Former Coal Miners or Surviving Dapendenta on account of claims <br />against CFtI in cases in which it had been finally determined <br />thet such Former Coal Miners or Surviving Dependents were <br />entitled to Black Lung Benefits. Craft Affidavit i 6. <br />30. As of the Petition Date, CFiI had reimbursed the Triest <br />Fund for all Interim Benefits paid to Former Coal Miners or <br />Surviving Dependents on account of claims against CFiI in races <br />in which it had been finally determined that such Forcer Coal <br />Miners or Surviving Dependents were entitled to clack Lung <br />Benefits. Craft Affidavit Zq 3 i 4; Exhibit 1 at last page:; <br />Answer 1 il. <br />31. As of the Petition Date, the DOL alleged CF4I was. <br />liable for repayment o! Interim Benefits paid to live itedi~~id~uals <br />3. Six Former Coal !liners vho had been determined to be eligible <br />!or black lung medical benelits prior to the Petition Date died <br />prior to the Petition Date. Objection and Complaint ~ ~0; Answer <br />q 11. Therefore, 119 as opposed to 125 Former Coal !liners have <br />allegedly been paid Black Lung Benefits from the Trust Funs! since <br />the Petition Date. Zn the Application the DOL maintains flee it <br />has paid these deceased Former Coal Miners. ~g Exhibit C to the <br />Affidavit of James Demaree. <br />12 <br />