BEFORE: Duffy, Chairman; Beatty, Jordan, Suboleski, and Young, Commissioners

ORDER

BY THE COMMISSION:

On October 30, 2001, the Commission received from John Richards Construction ("Richards Construction") a request for relief from a final Commission decision. On July 23, 2002, a majority of the Commission issued an order granting the request for the limited purpose of affording the operator an opportunity to provide the Commission with information regarding the filing of its request. On August 5, 2002, the Commission received from Richards Construction the additional information. On October 1, 2002, the Commission received from the Secretary of Labor an opposition to Richards Construction's request for relief.

Having considered the matter, we hereby deny the request for relief.

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Michael F. Duffy, Chairman

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Robert H. Beatty, Jr., Commissioner

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Mary Lu Jordan, Commissioner

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Stanley C. Suboleski, Commissioner

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Michael G. Young, Commissioner

Distribution:

John Richards
John Richards Construction
P.O. Box 316
Seeley Lake, MT 59868

Jack Powasnik, Esq.
Office of the Solicitor
U.S. Department of Labor
1100 Wilson Blvd., 22nd Floor
Arlington, VA 22203

Administrative Law Judge Richard Manning
Federal Mine Safety and Health Review Commission
1244 Speer Boulevard, Suite 280
Denver, CO 80204-3582