[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