[DOCID: f:k95-632.wais] ANDALEX RESOURCES, INC. November 24, 1995 KENT 96-632-D FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 November 24, 1995 WILLIE SIZEMORE, : DISCRIMINATION PROCEEDING Complainant : v. : Docket No. KENT 96-632-D : MASHA Case No. MADI CD 95-02 ANDALEX RESOURCES, INC., : Respondent : Island Mine No. 3 DECISION APPROVING SETTLEMENT Before: Judge Fauver The parties have moved for approval of a settlement agreement based upon the terms stated to the judge in a conference call on `November 9, 1995. The settlement agreement is approved. ORDER WHEREFORE IT IS ORDERED that: 1. The motion to approve the settlement is GRANTED. 2. The parties are directed to comply with the terms of the settlement agreement. 3. The hearing scheduled for November 14, 1995, is CANCELED. 4. Pursuant to the approved settlement agreement this proceeding is DISMISSED with prejudice. William Fauver Administrative Law Judge Distribution: Neville Smith, Esq., Smith & Wells, 110 Lawyer St., P.O. Box 447, Manchester, KY 40962 G. Christopher Van Bever, Esq., Andalex Resources, Inc., 9300 Shelbyville Rd., Suite 1200, Louisville, KY 40222 /lt