<DOC>
[DOCID: f:kt9653o.wais]

 
LEECO, INCORPORATED
April 12, 1996
KENT 96-53-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 12, 1996

SECRETARY OF LABOR,             :  DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :  Docket No. Kent 96-53-D
  On Behalf of Frank Scott,     :  MSHA Case No. BARB CD 95-21
               Complainant      :
                                :  No. 68 Mine
          v.                    :
                                :
LEECO, INCORPORATED,            :
               Respondent       :

                ORDER IMPOSING RULE OF CONFIDENTIALITY

     On April 9, 1996, and subsequent to the commencement
of a hearing on the merits of this discrimination
proceeding, the parties agreed to settle the matter.
The terms and conditions of the settlement were placed
on the record. Counsels orally affirmed their agreement
to the terms and conditions, as did Frank Scott, the
person upon whose behalf the complaint was brought.
I orally approved the settlement and upon receipt of
the transcript I will affirm that approval in a written
decision.  The parties requested that the terms of the
settlement with respect to Scott be sealed.  I agreed
and stated that I would include that condition in the
written decision. The terms and conditions of the
settlement will be subject to review only by the Commission
or another appellate body.

     The parties are advise that until a written decision
is issued, the terms and conditions of the settlement
are to remain CONFIDENTIAL. Counsel are ORDERED not
to discuss the terms and conditions with any persons
other than counsels of record and Scott.  Further,
when copies of the transcript are received, counsels
are ORDERED not to give copies of the transcript to
any persons, excepting each other or Scott, or to
otherwise divulge the contents of the transcript as
it relates to the terms and conditions of the
settlement.


                              David F. Barbour
                              Administrative Law Judge


Distribution:

Mary Sue Taylor, Esq., Office of the Solicitor, U.S.
Dept. Of Labor, 2002 Richard Jones Rd., Ste. B-201,
Nashville, TN 37215-2862  (Certified Mail)

Tony Oppegard, Esq., Appalachian and Defense Funds of
Kentucky, Inc., 630 Maxwelton Court, Lexington, KY 40508
(Certified Mail)

Leona A. Power, Esq., Reece & Lang, P.S.C., London Bank &
Trust Bldg., 400 South Main St., P.O. Drawer 5087,
London, KY 40745-5087  (Certified Mail)

Marco M. Rajkovich, Jr., Esq., Wyatt, Tarrant & Combs
1700 Lexington Financial Circle, Lexington, KY 40507
(Certified Mail)

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