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

 
DAVIS SHOULDERS, employed by PYRO MINING COMPANY
June 19, 1995
KENT 92-17


           FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                     1730 K STREET NW, 6TH FLOOR

                       WASHINGTON, D.C.  20006


                            June 19, 1995

SECRETARY OF LABOR,               :
  MINE SAFETY AND HEALTH          :
  ADMINISTRATION  (MSHA)          :
                                  :
                                  :
             v.                   :
                                  :  Docket No. KENT 92-17
                                  :
DAVIS SHOULDERS, employed by      :
  PYRO MINING COMPANY             :
                                  :

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

                                ORDER

BY THE COMMISSION:

     In this civil penalty proceeding pending on review, arising
under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. � 801
et seq. (1988) ("Mine Act"), the Secretary of Labor has filed a
Motion to Lift Stay and Dismiss Petition for Review.  Respondent
has not opposed the motion.  In the proceeding below, Administrative
Law Judge David F. Barbour concluded that section 110(c) of
the Mine Act provides for individual liability only against
agents of operators that are corporations. 14 FMSHRC 2099
(December 1992) (ALJ).  In his petition for discretionary review,
the Secretary asserted that conclusion is erroneous.

      In support of his motion, the Secretary states that this
issue is controlled by the recent decision of the U. S. Court of
Appeals for the District of Columbia Circuit in Sec. of Labor v. 
Shirel, No. 94-1030 (March 29, 1995) (per curiam).  The court held
that section 110(c) applies only to corporations, not to operators
organized as corporate partnerships.

     Upon consideration of the Secretary's motion, we grant it.
See generally Golden Oak Mining Co., 12 FMSHRC 1758 (September 1990).

     Accordingly, we dissolve the stay, vacate the direction for
review and dismiss this proceeding.


                                   ____________________________________
                                   Mary Lu Jordan, Chairman

                                   ____________________________________
                                   Joyce A. Doyle, Commissioner

                                   ____________________________________
                                   Arlene Holen, Commissioner

                                   ____________________________________
                                   Marc Lincoln Marks, Commissioner