[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