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[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)

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