[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 /jf