FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
               601 New Jersey Ave., N.W. Suite 9500
                    Washington, DC 20001-2021
                                 

                         October 31, 2002

HANSON PERMANENTE CEMENT,     :    CONTEST PROCEEDINGS
               Contestant          :
                              :    Docket No. WEST 2002-370-RM
          v.                  :    Order No. 6333431; 3/20/2002    
                              :    
SECRETARY OF LABOR,           :    Docket No. WEST 2002-317-RM
MINE SAFETY AND HEALTH        :    Order No. 6333432; 3/20/2002   
ADMINISTRATION, (MSHA),       :    
          Respondent               :    Docket No. WEST 2002-372-RM
                              :    Order No. 6333433; 3/20/2002
                              :
                              :    Mine: Permanente Plant
                              :    Mine: ID 04-04075


                        ORDER OF DISMISSAL

Appearances:   Michael T. Heenan, Esq., Heenan, Althen & Roles LLP, Washington, D.C., for the
               Contestant;
          Christopher B. Wilkinson, Esq., U.S. Department of Labor, Office of the Solicitor, San
          Francisco, California, for the Secretary.

Before:   Judge Weisberger

     The above captioned notices of contest were scheduled for hearing on October 8 and 9, 2002. 
In the course of the second day of the trial, the parties engaged in extensive negotiations, and reached a
settlement resolving all issues raised by the notices of contest.  Pursuant to the settlement, contestant
moved to withdraw its pleading, the Notice of Contest in Docket No. WEST 2002-372, and based on
the settlement, the motion was granted In addition, the Secretary made a motion, which was not
opposed by contestant, to dismiss Docket Nos. WEST 2002-370 and WEST 2002-371.  Based on
the lack of opposition, and the parties' settlement, the motion was granted.

     It is Ordered that Docket Nos. WEST 2002-370, WEST 2002-371 and WEST 2002-372
be Dismissed.  It is further Ordered that the parties shall abide by all the terms of their settlement.




                              Avram Weisberger
                              Administrative Law Judge

Distribution: 

Michael T. Heenan, Esq., Heenan, Althen & Roles LLP, 1110 Vermont Avenue, NW, Suite 400,
Washington, DC 20005

Christopher B. Wilkinson, Esq., U.S. Department of Labor, Office of the Solicitor, 71 Stevenson
Street, Suite 1110, San Francisco, CA 94105

/sc