<DOC>
[DOCID: f:ce96112.wais]

 
H M I a.k.a. HEATHERLY MINING, INCORPORATED
January 31, 1997
CENT 96-112

        FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                1730 K STREET,  N.W.,  6TH FLOOR
                 WASHINGTON, D. C.   20006-3868

                        January 31, 1997

SECRETARY OF LABOR,           :     CIVIL PENALTY PROCEEDINGS
  MINE SAFETY AND HEALTH      :
  ADMINISTRATION (MSHA)       :     Docket No. CENT 96-112
               Petitioner     :     A.C. No. 34-01787-03504
                              :
          v.                  :     Docket No. CENT 96-160
                              :     A. C. No. 34-01787-03505
H M I a.k.a. HEATHERLY        :
  MINING, INCORPORATED,       :     Docket No. CENT 96-161
               Respondent     :     A. C. No. 34-01787-03507
                              :
                              :     Docket No. CENT 96-165
                              :     A. C. No. 34-01787-03506
                              :
                              :     Docket No. CENT 96-166
                              :     A. C. No. 34-01787-03508
                              :
                              :     Pollyanna #8
                              :
                              :     Docket No. CENT 96-167
                              :     A. C. No. 34-01633-03601
                              :
                              :     Pollyanna #4
                              :
                              :     Docket No. CENT 96-168
                              :     A. C. No. 34-01746-03520
                              :
                              :     Pollyanna #7
                              :

                       ORDER OF DISMISSAL

Before:  Judge Merlin

     On  November  26,  1996,  I  issued  an  order directing the
operator to provide additional information to support its motions
to dismiss the above captioned cases.

     The operator had filed identical motions to dismiss in these
cases stating that it had paid $75,000 pursuant to a settlement
agreement with MSHA for all violations issued to the operator on
or before June 30, 1996.  The operator attached a copy of the
settlement agreement which contained a list identifying the
matters involved in the settlement.  The violations in these
cases were issued before June 30, 1996, but the instant cases did
not appear on that list.

     In a letter to operator's counsel dated January 16, 1997, a
copy of which was sent to the Commission, the Solicitor lists all
current civil penalty assessments pending against Heatherly
Mining Company, HMI, and/or P&K.  The instant cases are included
on this list.  The Solicitor states that the Secretary has deemed
these cases uncollectible.  The Solicitor further states that all
civil penalties assessed against the aforementioned companies for
citations issued after August 1, 1996, will be reassessed in the
name of George Colliers, Incorporated.

      In light of the foregoing, it is clear that the Secretary
no longer intends to prosecute these civil penalties against this
operator.  Therefore, these matters can be dismissed.

     Accordingly, it is ORDERED that these cases be DISMISSED.

                              Paul Merlin
                              Chief Administrative Law Judge

Distribution: (Certified Mail)

Yoora Kim, Esq., Office of the Solicitor, U.S. Department of
Labor, 4015 Wilson Boulevard, Arlington, VA 22203

Robert A. Goldberg, Esq., Jack F. Ostrander, Esq., Office of the
Solicitor, U. S. Department of Labor, 525 Griffin Street, Suite
501, Dallas, TX 75202

Thomas H. Stringer, Jr., Esq., Heatherly Mining, Inc., 502 W.
Broadway, Henryetta, OK 74437 Ned Zamarripa, Conference and
Litigation Representative, U. S. Department of Labor, MSHA, P. O.
Box 25367, Denver, CO 80225

Mr. Matt Richardson, HMI, Post Office Box 550, Henryetta, OK 74437

                              /gl