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[DOCID: f:pn94448.wais]

 
DOVERSPIKE BROTHERS COAL CO.
April 20, 1995
PENN 94-448


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                 OFFICE OF ADMINISTRATIVE LAW JUDGES
                        2 SKYLINE, 10th FLOOR
                          5203 LEESBURG PIKE


                    FALLS CHURCH, VIRGINIA  22041

                            April 20, 1995

SECRETARY OF LABOR,             :  CIVIL PENALTY PROCEEDING
  MINE SAFETY AND HEALTH        :
  ADMINISTRATION (MSHA),        :  Docket No. PENN 94-448
               Petitioner       :  A. C. No. 36-08191-03527
                                :
          v.                    :
                                :  Clutch Run Mine
DOVERSPIKE BROTHERS COAL CO.,   :
               Respondent       :

                    DECISION APPROVING SETTLEMENT

Before:  Judge Weisberger

     This case is before me upon a petition for assessment of
civil penalty under Section 105(d) of the Federal Mine Safety
and Health Act of 1977 (the Act).  Petitioner has filed a
motion to approve a settlement agreement and to dismiss the
case.  A reduction in penalty from $3,200 to $2,200 is proposed.
I have considered the representations and documentation
submitted in this case, and I conclude that the proffered
settlement is acceptable under the criteria set forth in Section
110(i) of the Act.

     WHEREFORE, the motion for approval of settlement is GRANTED,
and it is ORDERED that Respondent pay a penalty of $2,200 within
30 days of this order.


                               Avram Weisberger
                               Administrative Law Judge

Distribution:

Gayle M. Green, Esq., Office of the Solicitor, U. S. Department
of Labor, 14480-Gateway Bldg., 3535 Market Street, Philadelphia,
PA 19104

Randall Rearick, General Manager of Mining, Doverspike Brothers
Coal Co., Inc., R.D. #4, Box 271, Punxsutawney, PA 15767

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