.
NEWMONT GOLD COMPANY
June 29, 1995
WEST 95-228-DM


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

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


                            June 29, 1995

LANCE A. PAUL,                  :  DISCRIMINATION PROCEEDING
              Complainant       :
                                :
          v.                    :  Docket No. WEST 95-228-DM
                                :  WE MD 95-04
NEWMONT GOLD COMPANY,           :
              Respondent        :  Gold Quarry Mine ID 26-00500

                          ORDER OF DISMISSAL

Before:  Judge Feldman

     This matter concerns a discrimination complaint filed by
Lance A. Paul pursuant to Section 105(c)(3) of the Mine Safety
and Health Act of 1977, 30 U.S.C. § 815(c)(3).  On May 23, 1995,
a Notice of Hearing scheduling this case for trial on August 15,
1995, in Elko, Nevada was sent to Paul via certified mail at
Paul's address of record.  The notice was returned as unclaimed.
The respondent has advised that Paul is now living on an Indian
reservation in Nevada with his Native American spouse.  However,
Paul's address is unknown.  Commission Rule 5(c), 29 C.F.R.
§ 2700.5(c), requires a complainant to promptly notify the
Commission and all parties of any change in address.

     The respondent has filed a Motion to Dismiss Paul's
complaint in view of the fact that his whereabouts are unknown.
Issuance of an Order to Show Cause would serve no purpose
given the absence of a valid forwarding address.

     Accordingly, under the circumstances herein, the
respondent's Motion to Dismiss IS GRANTED.  Consequently, the
hearing scheduled in this proceeding IS CANCELED and the
above captioned discrimination complaint IS DISMISSED without
prejudice.  The complainant may reopen his discrimination
complaint upon a showing of good cause.


                             Jerold Feldman
                             Administrative Law Judge


Distribution:

Lance A. Paul, 345-9 Ryndon, Elko, NV 89801 (Certified and
Regular Mail)

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

/rb