Ezel / Agency Decisions / WEST 92-225-DM

N.A. Degerstrom, Inc., and Zortman Mining, Inc. (ALJ decision, July 15, 1992)

N.A. Degerstrom, Inc., and Zortman Mining, Inc. (FMSHRC WEST 92-225-DM): Partial dismissal after settlement

Decision type
ALJ decision
Docket
WEST 92-225-DM
Decided
July 15, 1992
Presiding judge
John J. Morris
Outcome
Procedural
Precedential status
Interlocutory order, not final
Checked against source
2026-08-15
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 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 1992
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.
Interlocutory ALJ order, not Commission precedent
This order dismisses the complaint against one respondent, while it remains pending against another. It is not a final decision under the 40-day rule in 30 U.S.C. § 823(d)(1). 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

Complainant Roger Vogt and N.A. Degerstrom, Inc., reached an amicable settlement on the merits of this discrimination proceeding. Judge John J. Morris dismissed the complaint with prejudice as to N.A. Degerstrom. The complaint remained pending against Zortman Mining, Inc., and the hearing was scheduled to proceed.

Decision snapshot

  • Cited standard(s): None stated in the decision.
  • Outcome: The complaint was dismissed with prejudice as to N.A. Degerstrom, while the proceeding remained pending against Zortman Mining.
  • Key point: The settlement resolved the claim against one respondent only.

Full text (FMSHRC public release)

Page 2

~1177

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges
THE FEDERAL BUILDING
ROOM 280, 1244 SPEER BOULEVARD
DENVER, CO 80204

ROGER VOGT,
DISCRIMINATION PROCEEDING
COMPLAINANT
v. Docket No. WEST 92-225-DM
RM MD 92-02
N.A. DEGERSTROM, INC., AND
ZORTMAN MINING, INC.,
Zortman Mining
RESPONDENT

ORDER OF PARTIAL DISMISSAL

Before: Judge Morris

Complainant Vogt and Respondent N.A. Degerstrom, Inc., reached an amicable settlement on the merits and moved that the complaint herein be dismissed between said parties.

Accordingly, I enter the following:

ORDER

1. The complaint is DISMISSED with prejudice as to Respondent N.A. Degerstrom.

2. The complaint will remain pending as to Zortman Mining, Inc., and the hearing will proceed as scheduled on August 19, 1992, in Kalispell, Montana.

John J. Morris
Administrative Law Judge

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