Date: Feb. l3, l995
Case No: 94-MSA-24
MSHA Docket No: M-93-147-C
IN THE MATTER OF
KELLEY CREEK RESOURCES, INC.
Petitioner
and
MINE SAFETY AND HEALTH ADMINISTRATION
Party In Interest
RECOMMENDED ORDER OF DISMISSAL
Petitioner, on February 9, 1995, moved to Withdraw Petition for
Modification and Hearing Request on the grounds that Kelley Creek
Resources, Inc., because of the ill health of its principal, has
closed its mining operations at Mine No. 78, thereby rendering
its Petition For Modification and Request For Hearing moot.
Movant represents that Counsel for the Party In Interest does not
oppose the motion.
Upon consideration thereof, I find that the Motion To Withdraw
Petition For Modification and Hearing Request is well taken and
should be granted.
WHEREFORE, IT IS RECOMMENDED that, upon Petitioner's meritorious
Motion, this case be DISMISSED.
BERNARD J. GILDAY, JR.
ADMINISTRATIVE LAW JUDGE
[PAGE 2]
