FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

601 New Jersey Avenue, N.W., Suite 9500

Washington, D.C. 20001


January 14, 2008


BANNER BLUE COAL COMPANY,
Contestant

v.

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Respondent

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CONTEST PROCEEDING

Docket No. VA 2006-57-R
Citation No. 7316850; 09/07/2006


Apollo Mine
Mine ID 44-03317

 

      

DEFAULT DECISION


On October 4, 2007, a show cause order was issued in this case for the Secretary's failure to respond to an order of the undersigned judge and requiring a response on or before October 26, 2007. To date, no response has been received. Wherefore this contest is granted and Order No. 7316850 is hereby vacated.






                                                                            Gary Melick

                                                                            Administration Law Judge

                                                                            (202) 434-9977


Distribution: (Certified Mail)


Melanie J. Kilpatrick, Esq., Wyatt, Tarrant & Combs, LLP, 250 West Main Street, Ste. 1600,

Lexington, KY 40507-1746


Karen Barefiled, Esq., Office of the Solicitor, U.S. Department of Labor, 1100 Wilson Blvd., 22nd Floor, Arlington, VA 22209


/lh