.
TVX MINERAL HILL MINE
May 17, 1995
WEST 95-423-DM


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                      1244 SPEER BOULEVARD #280
                        DENVER, CO 80204-3582
                    303-844-3577/FAX 303-844-5268


                             May 17, 1995

SECRETARY OF LABOR,          :   TEMPORARY REINSTATEMENT
  MINE SAFETY AND HEALTH     :   PROCEEDING
  ADMINISTRATION (MSHA),     :
     on behalf of            :   Docket No. WEST 95-423-DM
       CODY CHERRY, :
               Complainant   :   TVX Mineral Hill Mine
                             :
          v.                 :   Mine I.D. 24-01145
                             :
TVX MINERAL HILL MINE,       :
               Respondent    :

                          ORDER OF DISMISSAL

Before:  Judge Manning

      The Secretary of Labor has moved to withdraw its 
application for temporary reinstatement of Cody Cherry.  
The motion states that Mr. Cherry no longer wishes to be 
reinstated to his previous position at the mine because 
he has found other employment.  The motion further states 
that the Secretary may decide to pursue back pay and a 
civil penalty in a separate discrimination proceeding.  
For good cause shown, the motion is GRANTED, and this
proceeding is DISMISSED.
    

                              Richard W. Manning
                              Administrative Law Judge


Distribution:

Margaret A. Miller, Esq., Office of the Solicitor, U.S.
Department of Labor, 1999 Broadway, Suite 1600, Denver, 
CO 80202-5716

David C. Dalthorp, Esq., GOUGH, SHANAHAN, JOHNSON & 
WATERMAN, P.O. Box 1715, Helena, MT 59624-1715

/RWM