Waukesha Lime and Stone Company, Inc. and Halquist Stone Company, Inc. (Commission decision, March 16, 1981)

Plain-English summary

Waukesha Lime and Stone Company and Halquist Stone Company had separate proceedings before the Commission. The Commission paused further administrative proceedings in both while the Supreme Court considered Marshall v. Dewey. The stay also allowed proceedings to resume if the Commission issued another order. This March 1981 order did not decide either case or assess a penalty. The official PDF prints the first docket prefix as VINC; the site index shortens it to VNC.

Decision snapshot

• Cited standard(s): No mine safety standard cited in this stay order.
• Outcome: Both administrative proceedings stayed pending the Supreme Court decision or further Commission order; no penalty decided here.
• Key point: The Commission deferred both cases while a related Supreme Court matter was pending.

Full text (FMSHRC public release)

CCASE:
WAUKESHA LIME AND STONE V MSHA
DDATE:
19810316
TTEXT:
FEDERAL MINE SAFETY & HEALTH REVIEW COMMISSION
WASHINGTON, D.C.
March 16, 1981
WAUKESHA LIME AND STONE
COMPANY, INC.,
Docket No. VINC 79-66-PM

v.

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

HALQUIST STONE COMPANY, INC.,
Docket No. VINC 79-118-PM

v.

SECRETARY OF LABOR,
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA)

ORDER
Further administrative proceedings in these cases are stayed
pending the decision by the Supreme Court in Marshall v. Dewey,
493 F. Supp. 963 (D. Wis. 1980), appeal filed, 49 USLW 3456
(U.S. Dec. 4, 1980)(No. 80-901), prob. juris. noted sub nom. Donovan
v. Dewey, 49 USLW 3531 (U.S. Jan. 26, 1981), or further order by the
Commission.
~607
Distribution
Francis R. Croak, Esq.
Jan E. Kearnery, Esq.
Cook & Franke, S.C.
600 East Mason Street
Milwaukee, Wisconsin 53202
Waukesha Lime and Stone Co., Inc.
P.O. Box 708
Waukesha, Wisconsin 53187
Paul Binzak, Esq.
Kraemer and Binzak, S.C.
16800 Appleton Avenue
Menomenee Falls, Wisconsin 53051
Michael A. McCord, Esq.
U.S. Dept. of Justice
Office of the Solicitor
4015 Wilson Boulevard
Arlington, Va. 22203
James A. Broderick
Chief Administrative Law Judge
FMSHRC
1730 K Street, N.W.
Washington, D.C. 20006