<DOC>
[DOCID: f:jwrrecon.wais]

 
JIM WALTER RESOURCES, INC.
October 30, 1995
SE 94-448


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                   1730  K  STREET  NW,  6TH  FLOOR

                        WASHINGTON, D.C. 20006


                           October 30, 1995

SECRETARY OF LABOR,           :
  MINE SAFETY AND HEALTH      :
  ADMINISTRATION (MSHA)       :
                              :
          v.                  :
                              : Docket Nos. SE 94-448
JIM WALTER RESOURCES, INC.    :             SE 94-586
                              :

BEFORE:  Jordan, Chairman; Doyle, Holen, and Marks,
         Commissioners

                               ORDER

BY THE COMMISSION:

     Jim Walter Resources, Inc. ("JWR") has filed a Motion for
Reconsideration of the Commission's October 2, 1995, denial of 
JWR's previously filed Petition for Discretionary Review in the
above-captioned  matter.  Upon  review  of  the  Motion for 
Reconsideration, Chairman Jordan and Commissioner Marks vote to
deny the motion; Commissioner Doyle and Commissioner Holen would 
grant the motion and issue a direction for review granting the 
underlying Petition for Discretionary Review.  To reverse the
prior action of the Commission and grant the relief requested
requires the affirmative vote of a majority of participating 
Commissioners. Accordingly, the Motion for Reconsideration is 
denied.

                                   _______________________________
                                   Mary Lu Jordan, Chairman

                                   _______________________________
                                   Joyce A. Doyle, Commissioner

                                   _______________________________
                                   Arlene Holen, Commissioner

                                   ________________________________
                                   Marc Lincoln Marks,
                                   Commissioner