Ezel / Agency Decisions / eaj-95-1-alj
FMSHRC ALJ decision Docket EAJ 95-1 Decided October 19, 1995 Procedural Judge Paul Merlin

Roma Stone Corporation

Roma Stone Corporation (FMSHRC EAJ 95-1): Attorney-fee application dismissed

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This order from 1995 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1995
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final ALJ decision, not Commission precedent
This decision became final under the 40-day rule in 30 U.S.C. § 823(d)(1) because no later Commission review appears in the official index. It binds the parties but is not binding on the Commission in other cases. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Read the official release (fmshrc.gov)

Plain-English summary

Roma Stone Corporation filed an application for attorney fees under the Equal Access to Justice Act. It later moved to withdraw and dismiss the application, and the Secretary did not object. Judge Paul Merlin granted the motion and dismissed the case.

Decision snapshot

  • Cited standard(s): The order does not identify a mine safety standard.
  • Outcome: The application for attorney fees was dismissed.
  • Key point: The ALJ granted the applicant's unopposed motion to withdraw and dismiss the fee application.

Full text (FMSHRC public release)

+FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
1730 K STREET, N.W., SUITE 600
WASHINGTON, D.C. 20006

                       October 19, 1995

ROMA STONE CORPORATION, : EQUAL ACCESS TO JUSTICE
Applicant :
: Docket No. EAJ 95-1
v. :
SECRETARY OF LABOR, :
MINE SAFETY AND HEALTH :
ADMINISTRATION (MISHA), :
Respondent :

                      ORDER OF DISMISSAL

Before: Judge Merlin

 On October 13, 1995, the applicant filed a motion to withdraw

and dismiss its application for attorney fees. The applicant
advises that the Solicitor does not object.

 In light of the foregoing, it is ORDERED that the applicant=s

motion to dismiss be GRANTED and that this case be DISMISSED.

                              Paul Merlin
                              Chief Administrative Law Judge

Distribution: (Certified Mail)

Mark N. Savit, Esq., Fiti Sunia, Esq., Patton Boggs, LLP, 2550 M
Street, N.W., Washington, DC 20037

David Baskin, Esq., Office of the Solicitor, U.S. Department of
Labor, One Congress Street, 11th Floor, P.O. Box 8396, Boston, MA
02114

Douglas N. White, Esq., Office of the Solicitor, U.S. Department of
Labor, 4015 Wilson Blvd., Suite 400, Arlington, VA 22203

/gl

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