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FROM .NATURFaL RESOURCES SEC. 303 866 3568 1996, 12-11 10.-SS #667 P.06/13 <br /> the Debtor to be sold for substantially higher prices than if the cleanup, reclamation and <br /> remediation had not been performed. The work also allowed Debtor to comply with the various <br /> orders issued by DMG itself. <br /> A further irony is that much of the sale proceeds from the property cleaned up by Pitkin <br /> Iron go directly to DMG under the confirmed plan. Class 5 consists of remediation claims <br /> including those of DMG. This class has been funded by We of the Industrial Park as well as <br /> other properties upon which Pitkin Iron performed cleanup, remediation and reclamation work. <br /> The funds paid pursuant to Class 5 will in turn be used for further reclamation efforts. Class <br /> 6 of the plan consists of environmental remediation claims such as asbestos abatement, removal <br /> of underground storage tanks and PCB contaminated items, as well as monitoring and treatment <br /> of water discharged from the mine. Funds for,this class have also been provided by sale of <br /> properties cleaned by Pitlft Iron. The State of Colorado is a beneficiary under this class as <br /> well. <br /> Finally, it is significant. that DMG has generally approved of the quality of work <br /> performed. by Piti in. Iron. For example, in inspection reports in October and November of <br /> 1993, DMG inspectors expressed satisfaction with the work being performed on the mine site. <br /> The work was performed by Pitkin Iron. Further, the contracts for sale of properties listed on <br /> pages 2 and 3, above, required that the properties be cleaned up before sale. Since many sales <br /> have closed, the buyers, too, have approved of the cleanup operations. <br /> H. Pkkin Ira ,s !Mgim Meets the Tenth Circuit Test_ <br /> The Tenth Circuit has set forth a two-part test to determine whether administrative <br /> expenses are allowable: (1) the claim must arise out of a transaction between the creditor and <br /> trustee or debtor-in-possession, as the case may be; and (2) the goods or services provided must <br /> benefit the trustee or debtor-in-possession in the operation of the business. In re Mid Reg}on <br /> Petroleum Inca, I F.3d 1130, 1133 (10th Cir. 1993); In re.A Inc.. 853 F.2d.1526, 1530 <br /> (loth Cir. 1988)_ Here, there can be no doubt that the first prong of the test has been satisfied <br /> because the creditor here, Piddn Iron, has performed services directly at the request of acid for <br /> the benefit of the debtor-in-possession. As demonstrated 'herein. and as will be shown at <br /> 5 <br />