[DOCID: f:c93261dm.wais] IMC FERTILIZER, INC. July 25, 1995 CENT 93-261-DM FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES 2 SKYLINE, 10th FLOOR 5203 LEESBURG PIKE FALLS CHURCH, VIRGINIA 22041 July 25, 1995 JAMES D. WATERS, : DISCRIMINATION PROCEEDING Complainant : v. : Docket No. CENT 93-261-DM : MSHA Case No. SE MD 93-04 IMC FERTILIZER, INC., : Respondent : Carlsbad Facility ORDER OF DISMISSAL Appearances: David W. Strickler, Esq., and W.T. Martin, Jr., Esq., Law Offices of W.T. Martin, Jr., P.A., Carlsbad, New Mexico, for Complainant; Charles C. High, Jr., Esq., Kemp, Smith, Duncan & Hammond, El Paso, Texas, for Respondent. Before: Judge Fauver This is a discrimination action under § 105(c) of the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq. After the hearing, a decision on liability was entered on December 5, 1994. A separate hearing on relief was held at El Paso, Texas, on May 9, 1995. On the second day of the hearing, the parties reached a settlement agreement that was approved by the judge. Pursuant to the settlement agreement, the parties have moved to dismiss the case. ORDER WHEREFORE IT IS ORDERED that the parties' motion to dismiss is GRANTED and this proceeding is DISMISSED. William Fauver Administrative Law Judge Distribution: David W. Strickler, Esq., and W.T. Martin, Jr., Esq., 509 Pierce St., Carlsbad, NM 88221-2168 (Certified Mail) Charles C. High, Jr., Esq., Kemp, Smith, Duncan & Hammond, P.O. Drawer 2800, El Paso, TX 79999 (Certified Mail) /lt