.
ELK RUN COAL COMPANY
October 3, 1995
WEVA 95-195-D


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                           October 3, 1995

BLAINE A. KELLEY,               :  DISCRIMINATION PROCEEDING
               Complainant      :
          v.                    :  Docket No. WEVA 95-195-D
                                :  HOPE CD 95-05
ELK RUN COAL COMPANY,           :
               Respondent       :  Queen Mine

                          ORDER OF DISMISSAL

     On September 13, 1995, Complainant Blaine A. Kelley 
indicated by letter that he had "decided to drop the case"
for reasons that were unclear.  In order to verify Mr.
Kelley's decision, a show cause order was thereafter issued
giving him a final opportunity to proceed with this case. 
No response to that order has been received. Accordingly
this case is dismissed.


                              Gary Melick
                              Administrative Law Judge
                              703-756-6261


Distribution:

Blaine A. Kelley, 4166 Clear Fork Road, Clear Creek, WV 25044
(Certified Mail)

Mark A. Toor, Esq., A. T. Massey Coal Company, Inc., P.O. Box
26765, Richmond, VA  23261  (Certified Mail)

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