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t <br /> <br />34. In the Application, the DOL Contends that between <br />November 14, 1990 and October 19, 1992, the Trust fund Lac paid <br />51,778,079.86 in Post-petition Black Lung Benslitc. lpplication <br />at 2; Memo in Support a! Application at 5. <br />35. Exhibit C to the Affidavit of Janes Damarca which ryas <br />filed by the DOL in support of the Application is a list of ].49 <br />Former Coal Miners and Surviving Dependents who allegedly have <br />been paid Slack Lung Senefitc out of the Trust land by the D(~L <br />since the Petition Date (the •Post-Petition Black Lung 8eneliit <br />Beneficiaries"). <br />36. None of the Post-Petition Black Lung Benefit <br />Beneficiaiies were employed by CFiI at the Sokoshe Mine. <br />Affidavit of Robert 8. Breen, Dated 02/05/93 Z 2 (the •Breen <br />Affidavit"). A copy of the Breen Affidavit is attached Lereto as <br />Exhibit 4. <br />37. At the latest, CFiI employed the poet-Petition Black <br />Lung Benefit Beneficiaries in 1984, nearly six years prior to t:he <br />Petition Date. ~ B.y~d ~i is-d.4 <br />38. Many, although not all o! the Post-Petition Black Lw~q <br />Benefit Beneficiaries aze receiving pension benefits at tLis~ <br />time. Breen Affidavit i ~. for purposes of this objection, <br />these Post-Petition Black Lung Benefit Beneficiaries lust bE~ <br />categorized according to the pension plan, i! any, ender vhi.ch <br />4. CFbI maintained a skeleton crew at the Allen !Sine until <br />December, 1963. <br />14 <br /> <br />