SPARTAN MINING COMPANY v. SECRETARY OF LABOR, |
: |
CONTEST PROCEEDINGS Docket No. WEVA 2002-111-R Docket No. WEVA 2002-112-R Mine ID 46-08159 |
ORDER OF DISMISSAL ON REMAND
Before: | Judge Hodgdon |
This case is before me on remand from the Commission. Spartan Mining Co., 27 FMSHRC ___, slip op. at 2, No. WEVA 2002-111-R (Nov. 16, 2005).1 Noting that Cannelton Industries, Inc., the previous owner of the mine, paid the civil penalty assessed for this violation prior to selling the mine, Spartan Mining has requested leave to withdraw the Notice of Contest. Commission Rule 11, 29 C.F.R. § 2700.11, provides that "[a] party may withdraw a pleading at any stage of a proceeding with the approval of the Judge or the Commission."
The motion notes that the Secretary has no objection to this request. Accordingly, the motion for leave to withdraw is GRANTED and it is ORDERED that this case is DISMISSED.
Footnote:
1 To be published as Spartan Mining Co., 27 FMSHRC 718 (Nov. 2005).
T. Todd Hodgdon
Administrative Law Judge
Distribution:
David J. Hardy, Esq., Spilman, Thomas & Battle, PLLC, 300 Kanawha Blvd., East, P.O. Box 273, Charleston, WV 25321-0273
Toye Olarinde, Esq., U.S. Department of Labor, Office of the Solicitor, 1100 Wilson Blvd., 22nd Floor, Arlington, VA 22209