[DOCID: f:k94-518.wais] WHAYNE SUPPLY COMPANY March 18, 1997 KENT 94-518-R FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 March 18, 1997 WHAYNE SUPPLY COMPANY, : CONTEST PROCEEDING Contestant : : v. : Docket No. KENT 94-518-R : Order No. 4011758;1/25/94 SECRETARY OF LABOR, : MINE SAFETY AND HEALTH : Job No. 17A ADMINISTRATION (MSHA), : Respondent : ORDER OF DISMISSAL ON REMAND Before: Judge Melick This Contest Proceeding is moot. The Secretary failed to seek timely review of this proceeding before the Commission. The decision of the administrative law judge vacating the underlying order is therefore final. Under the circumstances this case on remand is dismissed. Gary Melick Administrative Law Judge 703-756-6261 Distribution: Yoora Kim, Esq., Office of the Solicitor, U.S. Dept. of Labor, 4015 Wilson Blvd., Suite 400, Arlington, VA 22203 Brian W. Dougherty, Esq., Office of the Solicitor, U.S. Dept. of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215 Andrew J. Russell, Esq., Smith & Smith, 400 North, First Trust Centre, 200 South Fifth Street, Louisville, KY 40202 /jf