<DOC>
[DOCID: f:eaj20001.wais]

 
July 12, 2000
FARRELL-COOPER MINING COMPANY
EAJ 2000-1


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

               OFFICE OF ADMINISTRATIVE LAW JUDGES
                      2 Skyline, Suite 1000
                       5203 Leesburg Pike
                  Falls Church, Virginia 22041


                          July 12, 2000

FARRELL-COOPER MINING COMPANY,  : EQUAL ACCESS TO JUSTICE
                    Applicant   :   PROCEEDING
                                :
               v.               : Docket No. EAJ 2000-1
                                :
SECRETARY OF LABOR,             : Formerly CENT 2000-6-R
  MINE SAFETY AND HEALTH        :          CENT 2000-7-R
  ADMINISTRATION (MSHA),        :
                    Respondent  : Heavener East Mine  34-01815
         
                       ORDER OF DISMISSAL

Before: Judge Hodgdon

     This case is before me on an Application for Attorney's Fees 
and Expenses under the Equal Access to Justice Act (EAJA), 5 U.S.C.
� 504, and the Commission's implementation of the Act in Commission
proceedings, 29 C.F.R. � 2704.100 et seq.  The parties, by
counsel, have filed a motion to dismiss the application, in
accordance with 29 C.F.R. � 2704.305, because they have reached a
settlement of the matter.  In settling the case, the Secretary
has agreed that "Ground Control Plans do not require the approval
of MSHA in order to be deemed filed with the Agency as required
by 30 C.F.R. � 77.1000-1" and, without admitting that the
Applicant is eligible for attorney's fees and expenses under
EAJA, agreed "to pay the Applicant $8,500.00 in full settlement
of Applicant's claims in this matter ."

     Having considered the representations and documentation
submitted, I conclude that the  settlement is appropriate under
the EAJA.  Accordingly, good cause having been shown, the motion
is GRANTED and this case is DISMISSED.



                                 T. Todd Hodgdon
                                 
                                 Administrative Law Judge

Distribution:  (Certified Mail)

Beverlei E. Colston, Esq., U.S. Department of Labor, Office of
the Solicitor, 525 S. Griffin Street, Suite 501, Dallas, TX
75202

Thomas C. Means, Esq., Crowell & Moring, LLP, 1001 Pennsylvania
Avenue, N.W., Washington, D.C.  20004-2595

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