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[DOCID: f:se95-132.wais]

 
U.S. STEEL MINING COMPANY
May 9, 1995
SE 95-132


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                             May 9, 1995

TERRY McGILL,                   :  DISCRIMINATION PROCEEDING
               Complainant      :
          v.                    :  Docket No. SE 95-132-D
                                :  BARB CD 94-32
U.S. STEEL MINING COMPANY,      :
               Respondent       :  Oak Grove Mine
                                :  Mine ID  01-00851
UNITED MINE WORKERS OF          :
  AMERICA (UMWA),               :
               Intervenor       :

                          ORDER OF DISMISSAL

Before:  Judge Hodgdon

     This case is before me on a complaint of discrimination
under Section 105(c) of the Federal Mine Safety and Health
Act of 1977, 30 U.S.C. � 815(c). The Complainant has requested
leave to withdraw his complaint because the parties have
resolved their differences. Commission Rule 11, 29 C.F.R. �
2700.11, provides that "[a] party may withdraw a pleading at
any stage of a proceeding with the approval of the Judge or
the Commission."

     Accordingly, the motion for leave to withdraw is GRANTED
and it is ORDERED that this case is DISMISSED.


                              T. Todd Hodgdon
                              Administrative Law Judge


Distribution:

Mr. Terry McGill, Route 13, Box 311, Jasper, AL 35501

Robert M. Weaver, Esq., United Mine Worker's of America,
Longshore, Nakamura & Quinn, Suite 300, 2100 First Avenue
North, Birmingham, AL 35203

Billy Tennant, Esq., U.S. Steel, 600 Grant Street, USX
Tower, Pittsburgh, PA 15219

/lbk