<DOC>
[DOCID: f:k96-305c.wais]

 
JOHN CHANEY TRUCKING CO., INC.
October 21, 1996
KENT 96-305-C


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, Suite 1000
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041

                           October 21, 1996

KERMIT CAMPBELL,                   :  COMPENSATION PROCEEDING
                Applicant          :
                                   :
            v.                     :  Docket No. KENT 96-305-C
                                   :
JOHN CHANEY TRUCKING CO., INC.     :  Mine ID 15-13936 R10
  and/or  WATTS  AND CHANEY        :  Star Fire Mine
  TRUCKING, INC.                   :
                Respondent         :

                          ORDER OF DISMISSAL

Before:  Judge Melick

     On July 18, 1996, the Applicant, Kermit Campbell, filed an
application for compensation under Section 111 of the Federal
Mine Safety and Health Act of 1977, 30 U.S.C. � 801 et. seq.,
the "Act", based upon alleged idlement because "Federal Mine
Inspector Frank Mayhew inspected and put my truck out of service".
It was not alleged that a withdrawal order caused the idlement.
Section 111 of the Act authorizes entitlement to compensation
only following the issuance of a withdrawal order under the Act.
Accordingly the Applicant was ordered to show cause why his case
should not be dismissed.

     In response to the show cause order the Applicant submitted
a copy of the "Section 104(a)" citation which he maintains was
the basis for this application for compensation.  Applicant further
stated that the inspector "neglected to write a withdrawal order
on the citation."

     Under the circumstances, since the alleged idlement was not
the result of the issuance of an order under the Act, this case
must be dismissed.


                           Gary Melick
                           Administrative Law Judge


Distribution:

Kermit Campbell, General Delivery, Rowdy, KY 41367

George J. Miller, Esq., Wyatt, Tarrant & Combs, 1700 Lexington
Financial Center, Lexington, KY 40507

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