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[DOCID: f:eaj20011.wais]

 
PORTABLE ROCK PRODUCTION CO.
December 21, 2000
EAJ 2001-1


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                        December 21, 2000

PORTABLE ROCK PRODUCTION CO.,    : EQUAL ACCESS TO JUSTICE
               Applicant         :   PROCEEDING
                                 :
               v.                : DOCKET NO. EAJ 2001-1
                                 :
SECRETARY OF LABOR,              : Formerly WEST 99-309-M
    MINE SAFETY AND HEALTH       : A. C. No. 35-02761-05521
    ADMINISTRATION (MSHA),       :
               Respondent        : Sears Road Pit

                  DECISION APPROVING SETTLEMENT

Before: Judge Melick

     This  case  is  before  me upon an application for fees  and
expenses under the Equal Access  to  Justice Act, 5 U.S.C. � 504.
The parties have filed a motion to approve a settlement agreement
and to dismiss the case upon Respondent's payment of $13,000.00.

     WHEREFORE, the motion for approval of settlement is GRANTED,
and it is ORDERED that Respondent pay  the  amount of $13,000.00,
within 30 days of this order.  These proceedings  are accordingly
dismissed in accordance with the joint request of the parties.


                              Gary Melick
                              Administrative Law Judge


Distribution:

William  W. Kates, Esq., Office of the Solicitor, U.S.  Dept.  of
Labor, 1111 Third Avenue,
Suite 945, Seattle, WA 98101-3212

E. Jay Perry,  Esq.,  Employers  Defense  Counsel, P.O. Box 7126,
Eugene, OR 97401

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