Adena Fuels, Incorporated (ALJ decision, December 29, 1994)

Plain-English summary

Larry E. Hatton brought a discrimination proceeding against Adena Fuels concerning the Diamond No. 1 Mine. After the hearing began and was postponed, Hatton requested permission to withdraw because the parties had reached an agreeable settlement. Judge Gary Melick granted permission to withdraw under 29 C.F.R. § 2700.11, canceled the scheduled continuation of the hearing, and dismissed the case.

Decision snapshot

• Governing provisions: 30 U.S.C. § 815(c) and 29 C.F.R. § 2700.11
• Outcome: Withdrawal was permitted after settlement, the scheduled hearing was canceled, and the case was dismissed.
• Key point: The Judge dismissed the discrimination proceeding after the parties reached an agreeable settlement.

Full text (FMSHRC public release)

CCASE:
LARRY HATTON V. ADENA FUELS
DDATE:
19941229
TTEXT:

Page 2

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FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VA. 22041

LARRY E. HATTON,
: DISCRIMINATION PROCEEDING
Complainant :
v. : Docket No. KENT 94-57-D
: MSHA Case No. BARB CD 93-10
ADENA FUELS, INCORPORATED, :
Respondent : Diamond No. 1 Mine

ORDER OF DISMISSAL

Appearances: Tony Oppegard, Esq., Mine Safety Project of the Appalachian Research and Defense Fund of Kentucky, Inc., Lexington, Kentucky, for the Complainant;
Jerry Wayne Slone, Esq., Weinberg, Campbell and Slone, Hindman, Kentucky, for the Respondent.

Before: Judge Melick

Following initial commencement and postponement of hearings, Complainant Larry E. Hatton, in effect, requested approval to withdraw on the grounds that the parties had reached an agreeable settlement of the underling matter. Under the circumstances herein, permission to withdraw is granted. 29 C.F.R. 2700.11. This case is therefore dismissed and the continuation of hearings

scheduled for January 24, 1995, is cancelled.

Gary Melick
Administrative Law Judge
Distribution:

Tony Oppegard, Mine Safety Project of the Appalachian Research and Defense Fund of Kentucky, Inc., 630 Maxwelton Court, Lexington, KY 40508 (Certified Mail)

Jerry Wayne Slone, Esq., Weinberg, Campbell and Slone, P.O. Box 727, Main St., Hindman, KY 41822 (Certified Mail)

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