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[DOCID: f:c95-29m2.wais]

 
REB ENTERPRISES, INCORPORATED
March 9, 1996
CENT 95-29-M


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041

                            March 9, 1996


SECRETARY OF LABOR,               :   CIVIL PENALTY PROCEEDINGS
  MINE SAFETY AND HEALTH          :
  ADMINISTRATION (MSHA),          :   Docket No. CENT 95-29-M
               Petitioner         :   A.C. No. 03-01640-05511
          v.                      :
                                  :   Docket No. CENT 95-30-M
REB ENTERPRISES, INCORPORATED,    :   A.C. No. 03-01640-05512
               Respondent         :
                                  :   REB Enterprises Inc.
                                  :
SECRETARY OF LABOR,               :   CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH          :
  ADMINISTRATION   (MSHA),        :   Docket No. CENT 95-239-M
               Petitioner         :   A.C. No. 03-01640-05517 A
          v.                      :
                                  :   REB Enterprises, Inc.
HAROLD MILLER,                    :
  Employed by REB ENTERPRISES,    :
  INC.,                           :
               Respondent         :
                                  :
SECRETARY OF LABOR,               :   CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH          :
  ADMINISTRATION   (MSHA),        :   Docket No. CENT 95-240-M
               Petitioner         :   A.C. No. 03-01640-05518 A
          v.                      :
                                  :   REB Enterprises Inc.
RICHARD E. BERRY,                 :
  Employed by REB ENTERPRISES,    :
  INC.,                           :
               Respondent         :


                           ORDER OF DEFAULT

Before:  Judge Weisberger

     On January 12, 1996, Petitioner filed a Motion for Default
asserting that Respondents have not filed any response to the
prehearing order issued on January 23, 1995.  Petitioner further
asserts that Respondents Miller and Berry have not filed an answer
to the Petitions for Assessment of Penalty filed in Docket Nos.
CENT 95-239-M, and 95-240-M.  A Certificate of Service appended
to the Motion contains a certification by Petitioner's Counsel
that on January 12, 1996, she mailed a copy of "the foregoing
pleading ... upon all parties, representatives ...  ."  To date,
none of the Respondents filed a response to Petitioner's motion.
Accordingly, and based on the assertions set forth in the motion,
it is granted.

     It is ORDERED that the citations issued in these cases, and
the associated penalties sought are affirmed.  It is further
ORDERED that within 30 days, Respondents shall pay a civil penalty
as follows: REB Enterprise - $7,550; Richard E. Berry - $1,600;
and Harold Miller - $1,200.


                                       Avram Weisberger
                                       Administrative Law Judge


Distribution:

Robin S. Horning, Esq., Office of the Solicitor,
U.S. Department of Labor, 525 Griffin Street, Suite 501,
Dallas, TX  75202 (Certified Mail)

Mr. Harold Miller, 452 Perry Road, Springdale, AR 72764
(Certified Mail)

Richard E. Berry, Owner, REB Enterprises, Inc.,
Limestone Rock Products, P.O. Box 1639, 740 Highway 264 East,
Springdale, AR 72765-1639 (Certified Mail)

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