<DOC>
[DOCID: f:k94-524.wais]

 
PEABODY COAL COMPANY
March 6, 1995
KENT 94-524-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 6, 1995

PEABODY COAL COMPANY,       :  CONTEST PROCEEDING
               Contestant   :
          v.                :  Docket No. KENT 94-524-R
                            :  Citation No. 3863265; 3/21/94
SECRETARY OF LABOR,         :
  MINE SAFETY AND HEALTH    :  Martwick Underground Mine
  ADMINISTRATION (MSHA),    :  I.D. No. 15-14074
               Respondent   :
                                        
                        ORDER OF DISMISSAL

Appearances: Carl B. Boyd, Jr., Esq., Peabody Coal Company,
             Henderson, Kentucky for the Contestant;
             Donna E. Sonner, Esq., Office of the Solicitor,
             U.S. Department of Labor, Nashville, Tennessee
             for the Respondent.

Before:  Judge Melick

     At hearing on January 31, 1995, this Contest
Proceeding was rendered moot by the settlement between the
parties of the associated penalty proposed for the 
underlying section 104(a) citation (See Docket No. KENT 
94-1321).  Under the circumstances this case is dismissed.


                           Gary Melick
                           Administrative Law Judge

Distribution:

Carl B. Boyd, Jr., Esq., Meyer, Hutchinson, Haynes & Boyd,
120 North Ingram Street, Suite A, Henderson, KY  42420 Donna
E. Sonner, Esq., Office of the Solicitor, U.S. Department of
Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN
37215-2862

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