[DOCID: f:wt5-134d.wais] AMAX COAL WEST, INC. January 24, 1996 WEST 95-134-D FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 January 24, 1996 ORVILLE E. MOORE, : DISCRIMINATION PROCEEDING Complainant : v. : Docket No. WEST 95-134-D : AMAX COAL WEST, INC, : DENV CD-95-02 Respondent : : Eagle Butte Mine ORDER OF DISMISSAL Appearances: Mr. Orville E. Moore, Alexandria, Louisiana, Pro Se; R. Henry Moore, Esq., Buchanan Ingersoll, P.C., Pittsburgh, Pennsylvania, for Respondent. Before: Judge Maurer At hearing, Complainant, Orville E. Moore, in effect, requested approval to withdraw his complaint in the captioned case, on procedural grounds. He has a parallel case pending with the Equal Employment Opportunity Commission (EEOC) and intends to pursue his remedies under that statute in that forum. Permission to withdraw was accordingly granted at hearing and is herein confirmed. 29 C.F.R. § 2700.11. This case is therefore DISMISSED, with prejudice. Roy J. Maurer Administrative Law Judge Distribution: Mr. Orville E. Moore, 1223 Wilshire Drive, Alexandria, LA 71303 (Certified Mail) R. Henry Moore, Esq., Buchanan Ingersoll Professional Corporation, One Oxford Centre, 301 Grant Street, 20th Floor, Pittsburgh, PA 15219-1410 (Certified Mail) dcp