[DOCID: f:morris.wais] W. A. MORRIS SAND AND GRAVEL, INC. October 7, 1996 WEST 96-120-DM FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 1730 K STREET NW, 6TH FLOOR WASHINGTON, D.C. 20006 October 7, 1996 SECRETARY OF LABOR, : MINE SAFETY AND HEALTH : ADMINISTRATION (MSHA), : on behalf of RAMON S. FRANCO : : v. : Docket No. WEST 96-120-DM : W. A. MORRIS SAND AND : GRAVEL, INC. : BEFORE: Jordan, Chairman; Marks and Riley, Commissioners[1] ORDER BY THE COMMISSION: In this civil penalty proceeding arising under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. (1994) ("Mine Act"), W. A. Morris Sand and Gravel, Inc. ("Morris") has filed with the Commission a motion to withdraw its appeal. The Secretary of Labor ("Secretary") has not filed a response. On February 26, 1996, Morris filed a petition for discretionary review with the Commission challenging, inter alia, a temporary reinstatement order of Administrative Law Judge Richard W. Manning. On March 14, 1996, the Commission granted in part Morris' petition with respect to one jurisdictional issue. The Secretary subsequently filed a motion to stay briefing until the judge issued a ruling on the jurisdictional issue in the related pending discrimination proceeding. On April 9, 1996, the Commission granted the motion and briefing was stayed. In the present motion, Morris states that the parties have reached a settlement in this and related proceedings, which was approved by the judge on August 19, 1996. Upon consideration of the motion, we grant it. Accordingly, the Commission's direction for review in this matter is vacated and this proceeding is dismissed. ________________________________ Mary Lu Jordan, Chairman ________________________________ Marc Lincoln Marks, Commissioner ________________________________ James C. Riley, Commissioner Distribution Phil B. Hammond, Esq. Hammond, Natoli & Tobler, PC. Suite 600 National Bank Plaza 3101 North Central Avenue Phoenix, Arizona 85012-2639 Susanne Lewald, Esq. Office of the Solicitor U.S. Department of Labor 71 Stevenson Street, Suite 1110 San Francisco, CA 94105 Administrative Law Judge Richard W. Manning Administrative Law Judge Federal Mine Safety and Health Review Commission 1244 Speer Boulevard #280 Denver, CO 80204-3582 FOOTNOTES [1] Pursuant to section 113(c) of the Mine Act, 30 U.S.C. § 823(c), we have designated ourselves a panel of three members to exercise the powers of the Commission.