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[DOCID: f:kt98318.wais]

 
HUSKY COAL COMPANY, INC.
March 19, 1999
KENT 98-318-D


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                         March 19, 1999

DARRELL M. PERRY,              :  DISCRIMINATION PROCEEDING
               Complainant     :
          v.                   :
                               :  Docket No. KENT 98-318-D
HUSKY COAL COMPANY, INC.,      :  Pike CD 98-12
               Respondent      :
                               :  Mine No. 8
                               :  Mine ID 15-17839

                            DECISION

Appearances:  Stephen Sanders, Esq., Appalachian Research and
              Defense Fund of Kentucky, Inc., Prestonsburg,
              Kentucky, and James J. Barrett, Esq., Pillersdorf,
              Derossett and Barrett, Prestonsburg, Kentucky, for
              Complainant; David C. Stratton, Esq., Stratton,
              Hogg & Maddox, P.S.C., Pikeville, Kentucky,
              for Respondent.

Before:  Judge Weisberger

     This case is before me based on a Complaint filed by Darrell
M. Perry alleging that Husky Coal Company discriminated against
him in violation of section 105 of the Federal Mine Safety and
Health Act of 1977.  The matter was scheduled for hearing, and
was partially heard on February 23, 1999.

     On February 23, 1999, during a recess, the parties advised
that they had reached a settlement of this matter, and the
Complainant made a motion to approve the settlement and dismiss
the case.  The parties presented the terms of the settlement on
the record.  After due consideration, the motion was granted as
follows, with the exception of minor changes not of a substantive
nature.

     The parties divulged to me all the terms of the settlement
and taking into account the terms of the settlement and the
entire record, including the testimony presented this morning, I
find that the settlement is a fair resolution of the issues
presented in this case and also is consistent with the terms of
the Federal Mine Safety and Health Act of 1977.

                              ORDER

     I therefore accept the settlement and grant the motion.  It
is ORDERED as follows:

     1.  That the record in this case shall be SEALED.

     2.  It is further ORDERED that the parties in this case
shall abide by all of the terms of the settlement.


                               Avram Weisberger
                               Administrative Law Judge


Distribution:

Stephen A. Sanders, Esq., Appalachian Research and Defense Fund
of Kentucky, Inc., 120 North Front Avenue, Prestonsburg, KY
41653-1221 (Certified Mail)

James J. Barrett, Esq., Pillersdorf, Derossett and Barrett, 18
West Court Street, Prestonsburg, KY 41653 Certified Mail)

David C. Stratton, Esq., Stratton, Hogg & Maddox, P.S.C., P. O.
Box 1530, Pikeville, KY 41502-1530 (Certified Mail)

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