.
KEYSTONE COAL MINING CORPORATION
January 2, 1996
PENN 94-451-R



           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
                    1730 K STREET N.W., 6TH FLOOR
                       WASHINGTON,  D.C.  20006

                           January 2, 1996


IN RE: CONTESTS OF RESPIRABLE       :   Master Docket No. 91-1
  DUST SAMPLE ALTERATION            :
  CITATIONS                         :
                                    :
KEYSTONE COAL MINING CORPORATION    :    Docket Nos. PENN 91-451-R
                                    :                through
                                    :                PENN 91-503-R
        v.                          :
                                    :   Docket Nos. PENN 91-1176-R
                                    :               through
SECRETARY OF LABOR,                 :               PENN 91-1197-R
  MINE SAFETY AND HEALTH            :
  ADMINISTRATION (MSHA)             :
                                    :
                                    :
SECRETARY OF LABOR,                 :   Docket Nos. PENN 91-1264
  MINE SAFETY AND HEALTH            :               through
  ADMINISTRATION (MSHA)             :               PENN 91-1266
                                    :   and
        v.                          :
                                    :   Docket No. PENN 92-182
KEYSTONE COAL MINING CORPORATION    :   Docket No. PENN 92-183
                                    :
JIM WALTER RESOURCES,               :
  INC., et al.,                     :
           Intervenors              :
                                    :
UNITED MINE WORKERS                 :
  OF AMERICA (UMWA),                :
           Representative of Miners :


                                ORDER

     This matter is before me pursuant to the Commission's
decision dated November 29, 1995.

     On December 28, 1995, the Secretary filed with the Court
of Appeals for the District of Columbia a petition for review
and a motion to hold the above captioned actions in abeyance
until  the  Secretary  decides  whether  or not to pursue an
appeal.  The Secretary's motion states that  he  will not be
able  make a decision on an appeal until sometime after  the
Government shutdown ends.

     Until a  decision is made regarding appeal, the parties
will not be in  a  position to determine how they wish to
proceed with respect to cases in the Master docket.  In order
not to put the parties to unnecessary expense with respect to
the more than 3700 cases involved, I will not require
submissions until the question of appeal is resolved.

In light of the foregoing, it is ORDERED that the  Solicitor
advise me as soon as a decision is made regarding appeal.


                                Paul Merlin
                                Chief Administrative Law Judge


Distribution

Jerold S. Feingold, Esq.
Stephen D. Turow, Esq.
Office of the Solicitor
U.S. Department of Labor
4015 Wilson Blvd., 4th Floor
Arlington, VA  22203

R. Henry Moore, Esq.
Buchanan Ingersoll
301 Grant St., 20th Floor
Pittsburgh, PA  15219-1410

Barry A. Woodbrey, Jr., Esq.
United Mine Workers of America
900 15th St., N.W.
Washington, D.C.  20005

Laura E. Beverage, Esq.
Jackson & Kelly
1660 Lincoln Street
Denver, Colorado  80264

Timothy M. Biddle, Esq.
Crowell & Moring
1001 Pennsylvania Ave., N.W.
Washington, D.C.  20004

Michael T. Heenan, Esq.
Smith, Heenan & Althen
1110 Vermont Avenue, N.W.
Washington, D.C.  20005

John Palmer, Esq.
Robinson & McElwee
P.O. Box 1791
Charleston, WV  25326

H. Thomas Wells, Esq.
Maynard, Cooper & Gale
1901 6th Avenue, N.W., Suite 2400
AmSouth/Harbert Plaza
Birmingham, AL  35203