<DOC>
[DOCID: f:se95-184.wais]

 
FLORIDA ROCK INDUSTRIES, INC.
July 20, 1995
Docket No. SE 95-184-DM


        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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

                          July 20, 1995


IRVIN RODGERS, II,              :  DISCRIMINATION PROCEEDING
      Complainant               :
            v.                  :  Docket No. SE 95-184-DM
                                :  MSHA Case No. SE MD 95-01
FLORIDA ROCK INDUSTRIES, INC.,  :
      Respondent                :  Diamond Hill Quarry
                                :  Mine I.D. No. 08-00026


                       ORDER OF DISMISSAL

Before: Judge Amchan


     This case is before me pursuant to section 105(c) of the Federal
Mine Safety and Health Act, 30 U.S.C. � 801 et seq.  The parties
have filed a joint motion to withdraw their pleadings.
Respondent has agreed not to seek recovery of its attorney's fees
from Complainant.  The parties agree that this withdrawal bars
any future discrimination claims against Respondent, whether
instituted by MSHA or Complainant. Further, the parties agree to
relinquish any and all claims, including federal and state
statutory or common law claims which accrued upon Complainant's
termination from Florida Rock
Industries.

     I interpret this agreement to apply only to claims arising out
of the November 22, 1994, termination of Complainant by Respondent.
I do not interpret this agreement to apply to any future event
which Complainant may deem to violate section 105(c) or any other
legal right.

     The parties' motion is GRANTED.  This case is dismissed with
the understanding that this order bars Complainant from filing any
other action under the Federal Mine Safety and Health Act that
seeks redress for his November 22, 1994, termination by
Respondent.


                                          Arthur J. Amchan
                                          Administrative Law Judge


Distribution:

Mr. Irvin Rodgers, II, 14815 Buczak Rd., Brooksville,
FL 34614

Mark N. Savit, Esq., Fiti A. Sunia, Esq., Patton Boggs,
L.L.P., 2550 M Street, N. W., Washington, D.C. 20037


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