<DOC>
[DOCID: f:eaj963x.wais]

 
CONTRACTORS SAND AND GRAVEL, INC.
April 28, 2000
EAJ 96-3

        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
                   1244 SPEER BOULEVARD #280
                     DENVER, CO 80204-3582
                 303-844-3993/FAX 303-844-5268


                         April 28, 2000

CONTRACTORS SAND AND            : EQUAL ACCESS TO JUSTICE
  GRAVEL, INC.,                 :   PROCEEDING
             Applicant,		:
                                :
                v.              : Docket No. EAJ 96-3
                                :
SECRETARY OF LABOR,   	  	:
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :
             Respondent	        :


	               DECISION ON REMAND

Before: Judge Cetti

     On January 7, 2000, the United States Court of Appeals for 
the District of Columbia Circuit issued a decision in the above 
Equal Access to Justice Award case (AEAJA@). The Court held that 
Secretary=s position in the underlying proceeding was not 
substantially justified. The Court ordered the award of fees and 
expenses that were granted by the administrative law judge be 
restored, and remanded the case to the Commission for a 
determination of the amount of the award to Contractors for 
pursuing review before the Court.

     On March 28, 2000, the Commission issued an order reinstating 
the judge=s EAJA award.  The Commission also remanded the case to 
the judge for a determination of fees and expenses incurred in 
defending the judge=s decision before the Commission and those 
incurred in the court=s review of the Commission=s decision.

     Pursuant to the remand, the judge ordered the parties to 
confer and to attempt to reach an agreement upon the amount of the 
fees and expenses to which the Applicant was entitled. Counsels 
have conferred as ordered, and counsel for the Secretary reports 
the parties have agreed that a total amount of $99,935.51 in fees 
and expenses will be paid by the Respondent to the Applicant.

     WHEREFORE, the Secretary of Labor is ORDERED TO PAY 
Contractors Sand and Gravel a total award of $99,935.51 within 30 
days of the date of this decision.  Upon receipt of full payment, 
this proceeding is dismissed.


                              August F. Cetti
                              Administrative Law Judge


Distribution:

C. Gregory Ruffennach, Esq., Ruffennach Law Offices, 450 East 3rd 
Avenue, Durango, CO 81301   (Certified Mail)

Jack Powasnik, Esq., Office of the Solicitor, U.S. Department of 
Labor, 4015 Wilson Boulevard, Suite 400, Arlington, VA 22203   
(Certified Mail) 


/sh






                              JACK POWASNICK ESQ
                              OFFICE OF THE SOLICITOR
                              U S  DEPARTMENT OF LABOR
                              4015 WILSON BLVD #400
                              ARLINGTON VA 22203












                              C GREGORY RUFFENNACH ESQ
                              RUFFENNACH LAW OFFICES
                              450 EAST 3RD AVE
                              DURANGO CO 81301