MARK POLLOCK v. KENNECOTT UTAH COPPER CORP. |
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Docket No. WEST 2003-182-DM |
BEFORE: Duffy, Chairman; Jordan, Suboleski, and Young, Commissioners
ORDER
BY THE COMMISSION:
On May 19, 2005, the Commission issued an order directing the formally appointed personal representative of Mark Pollock, deceased, to file within 120 days an amended motion to substitute himself in the place of Pollock in this proceeding. On September 22, 2005, having not received a motion to substitute, the Commission issued an order directing counsel for Pollock to show good cause for the failure of a personal representative of Pollock to file the motion and to do so within 30 days of the date of the order. The order stated that, absent a showing of good cause, this proceeding would be dismissed. The order was sent by certified mail and, according to the return receipt, it was delivered to Pollock's counsel on September 26, 2005.
Having received no response to the order, we hereby dismiss this proceeding.
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Michael F. Duffy, Chairman
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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:
Arthur F. Sandack
Attorney at Law
8 East Broadway, Suite 510
Salt Lake City, UT 84111
Laura E. Beverage, Esq.
Karen L. Johnston, Esq.
Jackson Kelly, PLLC
1099 18th Street, Suite 2150
Denver, CO 80202
James M. Elegante, Esq.
Kennecott Utah Copper Corporation
8362 West 10200 South
P.O. Box 6001
Magna, UT 84044-6001
Administrative Law Judge Richard Manning
Federal Mine Safety & Health Review Commission
Office of Administrative Law Judges
1244 Speer Blvd., Suite 280
Denver, CO 80204