<DOC>
[DOCID: f:k96-96d.wais]

 
BRUCE YOUNG AND YOGO, INC.
April 21, 1997
KENT 96-96-D


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                         April 21, 1997


SECRETARY OF LABOR,             :    DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :    Docket No. KENT 96-96-D
  on behalf of ANDY HOWARD, JR.,:
               Complainant      :    PIKE CD 95-21
          v.                    :
                                :    Martiki Surface Mine
BRUCE YOUNG AND YOGO, INC.,     :
               Respondent       :

                           FINAL ORDER

Before: Judge Fauver

     A Decision Approving Settlement was entered on June 21,
1996, directing payment of the settlement amount to no later than
August 1, 1996.

     Following motions by Andy Howard, Jr., on July 16, 1996, and
August 22, 1996, to compel payments, and to award late payment
interest, and attorney fees, a Show Cause Order was entered on
September 3, 1996.  Following responses to the Show Cause Order,
an Order was entered in September 26, granting the motion to
compel payments and to award interest and an attorney fee, and
ordering total payment within 30 days.

     Andy Howard, Jr., filed a motion on January 27, 1997, to
compel payment of attorney fees of $1,200, including the fee due
under the Order of September 26, 1996, and a fee for the time
spent in preparing the motion filed on January 27, 1997.

     Counsel for Respondents apparently takes the position that
his clients are unable to make payment of the attorney fees.
However, Respondents have made no showing in this proceeding that
they are unable to pay the attorney fees.

     Having considered the motion and the record as a whole, I
conclude that the motion to compel payment should be granted.

     WHEREFORE IT IS ORDERED that:

     1.  The Motion to Compel payment of attorney fees filed on
     January 27, 1997, is GRANTED.

     2.  Respondents, Bruce Young and Yogo, Incorporation, shall
     pay the Mine Safety Project attorney fees of $1,200 within
     20 days from the date of this Order.  Respondents are
     individually and jointly liable for the above amount.

     3.  This Order constitutes the judge's final disposition of
     this proceedings.


                                William Fauver
                                Administrative Law Judge

                                Distribution:

Thomas A. Grooms, Esq., Office of
the Solicitor, U. S. Department
of Labor, 2002 Richard Jones
Road, Suite B-201, Nashville, TN
37215-2862 (Certified Mail)

Tony Oppegard, esq., Mine Safety
Project of the Appalachian
Research & Defense Fund of
Kentucky, Inc., 630 Maxwelton
Court, Lexington, KY 40508
(Certified Mail)

Bily R. Shelton, Esq., Baird,
Baird, Baird & Jones, P.S.C., 415
Second Street, P. O. Box 351,
          Pikeville, KY 41502-0351
          (Certified Mail)

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