<DOC>
[DOCID: f:k96-390d.wais]

 
LOST CREEK MINING INC.
October 30, 1996
KENT 96-390-D


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE
                    FALLS CHURCH, VIRGINIA  22041


                           October 30, 1996

SECRETARY OF LABOR,                :  DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH           :
  ADMINISTRATION (MSHA),           :  Docket No. KENT 96-390-D
    on behalf of DOUGLAS MARTIN,   :
                Complainant        :  Mine No. 1
                                   :
             v.                    :  Mine ID 15-17583
                                   :
LOST CREEK MINING INC.,            :
                Respondent         :

                          NOTICE OF HEARING

     The parties are advised that a hearing will be conducted in
the captioned case, at 8:30 a.m., on Thursday, October 10, 1996, in
Prestonsburg, Kentucky.  The specific hearing site will be determined
at a later date.

     This matter concern an application for temporary reinstatement
and a complaint of discrimination filed by the Complainant against
the Respondent pursuant to Section 105(c) of the Federal Mine Safety
and Health Act of 1977.  The Complainant alleges that Douglas Martin
was illegally discriminated against on July 2, 1996, he was laid off
for allegedly engaging in a protected work refusal.

     In preparation for the hearing, the parties are directed to
stipulate as to those matters which are not in dispute and to mark
and exchange copies of hearing exhibits in advance of the hearing.
Exhibits offered by the Complainant shall be prefixed with the letter
"C" and marked consecutively.  Exhibits offered by the Respondent
shall be prefixed with the letter "R" and marked consecutively.


                                 David Barbour
                                 Administrative Law Judge
                                 (703) 756-5232


Distribution:

Brian W. Dougherty, Esq., Office of the Solicitor, U.S. Department
of Labor, 2002 Richard Jones Road, Suite B-201, Nashville, TN 37215
(Certified Mail)

Ms. Jody L. Samons, President, Lost Creek Mining, Inc., P.O. Box 848,
Prestonsburg, KY 41653 (Certified Mail)

Mr. Douglas Martin, Box 220, Grethel, KY 41631

\nt