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<br /> <br /> <br /> 2 <br />I 3 <br /> . <br /> ` <br /> S <br />t <br /> <br />6 <br />7 <br />e <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />1e <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br /> <br />t <br />Labor has admitted that no park of its claia is bawd oa coal <br />excise to:e• which are diseetly asseassd to CIiI. <br />?ha seiabnraeasat elaias here are not directly <br />asaassed. ?bey are iadirectlp usessed. ?hat ie the nature <br />of reisbarsesnnt claims. It is as indirect slain by virtue <br />of the tact that it does not arise nales• and until there is <br />a default is a payment owed to a primary payee. Only then <br />and only after the Departseat of Laboz makes a payment is <br />there any entitlement to seimbursemeat. <br />6imilazly, ire believe there is ao basis for the <br />argument which has been asserted here that aerely became the <br />Department of Labor seeks by way of reimbnrsemeat claims to <br />replenish funds which were initially characterised as a:cise <br />taxes, that those -- that nay funds ~rhi.eh qo into that ?rust <br />land to replenish those somehow also become azeiee fazes. <br />There are additional amounts which qo into that load also <br />nadez the other receipts portion of 26 CSC 1501, including <br />tines, penalties and interest and amounts to be paid Hader <br />Section S01(c)(21). I don't bsliwe that the Departaaat of <br />Labor intends to anggest that all of those sronld also b <br />ezeiee tares. ~iaes, penalties and interest are --.qo tar <br />beyond the scope of ghat has been looked at and ie alluded to <br />in the cases cited by the Departrnt of Labor. <br />The Baal point I ronld like to asks, ?our 8onor, <br />is that these zaiabursemeat claims that are asserted by the <br /> <br />