FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
601 New Jersey Avenue, NW, Suite 9500
Washington, DC 20001

December 21, 2005

 

SPARTAN MINING COMPANY
Contestant

v.

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Respondent

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CONTEST PROCEEDINGS

Docket No. WEVA 2002-111-R
Citation No. 7191145; 05/15/2002

Docket No. WEVA 2002-112-R
Citation No. 7191146; 05/15/2002

Mine ID 46-08159
Shadrick Mine

 

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