.
KERR-MCGEE COAL CORPORATION
May 31, 1995
WEST 95-221-D


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                             May 31, 1995

SECRETARY OF LABOR,              :  DISCRIMINATION PROCEEDING
  MINE SAFETY AND HEALTH         :
  ADMINISTRATION (MSHA),         :  Docket No. WEST 95-221-D
     ON BEHALF OF MARK BEYER,    :  A.C. No. DENV CD 94-27
                 Complainant     :
                                 :
          v.                     :  Jacobs Ranch Mine ID 48-00997
                                 :
KERR-McGEE COAL CORPORATION,     :
                 Respondent      :

                          ORDER OF DISMISSAL

Before:  Judge Weisberger

     The Secretary's Motion to Dismiss is granted based on the
assertions set forth in the Motion.

     It is ORDERED that the hearing in this case scheduled for
August 8, 1995, is cancelled.  It is further ORDERED that this
case be DISMISSED.


                              Avram Weisberger
                              Administrative Law Judge

Distribution:

Kristi Floyd, Esq., Office of the Solicitor, U.S. Department of
Labor, 1999 Broadway, Suite 1600, Denver, CO 80202-5716
(Certified Mail)

Charles W. Sherman, Esq., Sherman & Howard, L.L.C., First
Interstate Tower North, 633 17th Street, Suite 3000, Denver,
CO 80202 (Certified Mail)

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