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~~ <br /> 1 <br /> 2 <br /> 3 <br />7 <br />a' <br />S <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />Department of Labor are for amounts which do not qo :Lat.o the <br />geaersl fund to -- into a general fund that benefits the <br />public generally but zathaz qo into s fund ~rhich is oazmrked <br />specifically for a groap of claisaats Laving black lung <br />claiau. <br />Re belisve, soar •oaor, for the seasons w Lave <br />outlined, that the Departs~eat of Labor's claim should ba <br />disallowed as a priority claim. Ile also behave, !Deer 8onor, <br />that the Department of Labor has not even addressed the <br />subrogation arguments that ve have raised. and for 1:hose <br />reasons alone that the Department of Labor's usertion of <br />priority, based oa its subrogation rights to these c7laSmants <br />who are not able is their own behalf to assert pziorj~ty <br />claimc, should be disallowed. <br />T8E COIIRT: Thank you. Is thane anything farther <br />then by any of the partial on the motion for snmmaary <br />judgment? <br />lQi. ST118LERs lio, lour 8onor. <br />T8E COIIitTs all sight. ?his is a notion for <br />summary jndgsent on portions of tba Complaint filed bry~lthe <br />Debtors and now joined in by the Official Oases;orsd. <br />Creditors • Comsstitttes against the flailed !!fatal Dspartmssit of <br />Labor. It is a siotion for snamazy jndgaisat on the III, Iv, <br />O, 9I sad oIII Causes of 8ctioa. <br />The Court will find initially tlut this is a e:ore <br />29 ~ <br />