ASSISTANT SECRETARY OF LABOR
FOR OCCUPATIONAL SAFETY AND HEALTH,
PROSECUTING PARTY,
and
GERALD P. NIDY,
COMPLAINANT,
v.
BENTON ENTERPRISES,
RESPONDENT.
BEFORE: THE SECRETARY OF LABOR
DECISION AND ORDER ON ATTORNEY FEES
Pursuant to my Decision and Order of November 19, 1991, counsel for
Complainant, John A. Coble, has submitted a Petition for fees in the above-captioned case which arises
under the Surface Transportation Assistance Act of 1982, 49 U.S.C. app. § 2305 (1988).
Respondent filed no objection to this Petition although given an opportunity to do so. Respondent's
time to respond to the petition has now expired.
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Counsel's petition requests the payment of $501.50 for fees and expenses
incurred in connection with the bringing of the complaint in this case. This amount represents 5.9 hours
of work at $85 per hour. Upon review of this petition, I find that the 5.9 hours expended by counsel on
this case are reasonable, and that $85 per hour is a reasonable and fair rate for the services performed.
Accordingly, it is Ordered that Benton Enterprises pay the sum of $501.50 to John A. Coble for the
work performed on behalf of Gerald P. Nidy in connection with the bringing of the complaint in this
case.
