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T <br />a <br />whose entitlement to Black Lunq Benefits vas contested by CFiI: <br />(i) Melville Mee, 5238.06, (ii) Sam Garbo, 52,415.42, <br />(iii) Albert Romero, 56,984.62, (iv) Laura Mondragon (widow of <br />Max Mondragon), 5916..93, and (v) Thomas Steflani, 51,312.14. <br />Craft Affidavit ~q 3 i 5. Objsction and Complaint = 43; <br />Answer ! 11; Craft Affidavit Z 3. Aowever, the DOL has admitted <br />that it does not have a claim !or reimbursement against CFiI for <br />Intezim Benefits paid to Melville Mae, Albert Romero, or Laura <br />Mondragon (widow of Max Mondragon) prior to the Petition Date. <br />Craft Affidavit ~ 5a and Exhibit 3 to Craft Affidavit. Moreover, <br />on August 22, 1991, an Order of Dismissal was entered by an <br />Administrative Law Judge of the DOL barring any claim by the DOL <br />for zeimbursement from CFiI for Thomas Steffani. Craft Affidavit <br />q Sb and Exhibit 4 to Craft Affidavit. <br />32. CF6I has never been required to pay to the DOL the <br />taxes defined in subchapter B of chapter 42, which is codified in <br />26 U.S.C. gg 4951-53. Affidavit of Ronald R. Craft, Dated <br />02/05/93 (the "Craft II Affidavit") ! 2. A copy o! the Craft II <br />Affidavit is attached hereto as Exhibit 3. <br />33. On or about January I5, 1993, the DOL tiled tAe pzssent <br />Application seeking a determinstion that all Slack Lunq Benefits <br />paid to the Former Coal Miners and Surviving Dspendents by the <br />Trust Fund since November 14, 1990 (the epost-Petition Black Lung <br />Benefits") are administrative expenses pursuant to 11 U.S.C. <br />gg 503 and 1114(e)(2). <br />13 <br /> <br />