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4 <br />4 <br />has been tiled by the United States Department o! Labor (the <br />•DOL").~ In support of this Objection, CFiI states as follows. <br />CliI'8 xILTII;G OI?LR7ITIOSiB <br />Allen and xaxvell xines <br />i. CFii vas previoucly the owner of two coal sines located <br />near the town of iteston, Iac Animas County, Colorado, commonly <br />known as the Allen or Nev Elk !Sine (the "Allen !line") and flee <br />Maxwell or Golden Eagle Mine (the "Maxwell nine"). Objection and <br />Complaint filed in CF6I Steel Coro. v. United States 1)epnrt8~~ <br />pf Labor, Adv. Pro. No. 92PB-2383 (Sankt. D. Utah Tiled <br />October 30, 1992)(the "Claim Litigation") Z 12; Answer ! 2.= <br />a. CF6I commenced operations at the Allen Mine in <br />1951. Objection and Complaint 1 12a; Answer 1 2. <br />b. On oz about June 26, 1982, CFiI ceased production <br />at the Allen Mine. Objection and Complaint Z 12b; Answer ~[ 2. <br />1. The Application oziginnlly vas Tiled in the bankruptcy cases <br />of Colorado i Utah Land Company, Pueblo Metalc Company, pueblo <br />Railroad Service Company, and the Colorado and Myoming Railway <br />Company (the `Named Debtors"), as yell as the bankruptcy case of <br />CF6I. On February 2, 1993, however, the DOL filed a Parkiai <br />withdrawal of Application for Allowance of Expanses of <br />Administration and Order for paysant, Dated January 15, 1993 in <br />which it withdrew the Application againct the Named Debtos~c. <br />I <br />2. The DOL has admitted numerous facts in the Claim Litigation <br />that are relevant to the currant setter. CFiI contends that the _ <br />DOL is collaterally estopped Eros denying any !acts that .Lt has <br />admitted in the Claim Litigation. Accozdingly, evidence <br />establishing admitted factc need not be presented in this matter. <br />In all cases where the DOL has admitted facts, CFiI will ;refer to <br />the Objection and Complaint, the DOL's Answer, or the DOL's Proof <br />of Claim. Factc not admitted by the DOL era supportsd by <br />affidavits. <br />2 <br />1 <br />