Secretary of Labor (MSHA) on behalf of Gerald D. Boone v. Rebel Coal Company (ALJ decision, January 13, 1984)

Plain-English summary

The Secretary asked to withdraw Gerald Boone's discrimination complaint against Rebel Coal Company. The request acknowledged that the monetary damages, costs, and attorney's fees previously ordered had been paid in full. Judge Gary Melick allowed the withdrawal under the Commission's procedural rule and dismissed the case. This order states no payment amount and makes no new ruling on the discrimination claim.

Decision snapshot

• Cited rule: 29 C.F.R. § 2700.11, governing withdrawal of a pleading.
• Outcome: Withdrawal allowed and case dismissed after acknowledgment of full payment of the ordered damages, costs, and fees.
• Key point: The dismissal followed satisfaction of the prior payment order.

Full text (FMSHRC public release)

CCASE:
SOL (MSHA) V. REBEL COAL
DDATE:
19840113
TTEXT:
~57

Federal Mine Safety and Health Review Commission Office of Administrative Law Judges

SECETARY OF LABOR,
DISCRIMINATION PROCEEDING
MINE SAFETY AND HEALTH
ADMINISTRATION (MSHA),
Docket No. WEVA 80-532-D
ON BEHALF OF
GERALD D. BOONE,
HOPE CD 80-67
COMPLAINANTS
V.

REBEL COAL COMPANY,
RESPONDENT

ORDER OF DISMISSAL

Appearances: Edward H. Fitch, Esq., and Robert A. Cohen, Esq., Office of the Solicitor, U.S. Depart- ment of Labor, Arlington, Virginia, for
Complainants;
Douglas D. Wilson, Esq., Gardner, Moss,
Brown & Rocovich, Roanoke, Virginia, for Respondent.

Before: Judge Melick

The Complainant on behalf of Gerald Boone requests approval to withdraw the Complaint in the captioned case acknowledging receipt in full of the monetary damages, costs, and attorney's fees ordered by the undersigned to be paid. Under the circumstances herein, permission to withdraw is granted. 29 CFR 2700.11. The case is therefore dismissed.

Gary Melick
Assistant Chief Administrative Law Judge