SECRETARY OF LABOR,
Complainant,

v.

MISSION VIKING, INC.,
Respondent.

OSHRC Docket No. 78- 0617


DECISION AND ORDER

Before: ROWLAND, Chairman; CLEARY, Commissioner.
BY THE COMMISSION:

This case is before the Commission on remand from the United States Court of Appeals for the Fifth Circuit. Mission Viking, Inc. v. OSHRC, No. 81-4243 (5th Cir. July 15, 1983). The court remanded this case with directions to vacate and set aside the prior order of the Commission, [[*]] the case having become moot while on judicial review because of the Secretary's withdrawal of all citations issued to Mission Viking. Accordingly, the Commission order of April 30, 1981, affirming citations issued by the Secretary and assessing penalties against Mission Viking, is set aside. The citations and proposed penalties are vacated.

SO ORDERED.

DATED: JUL 29 1983

Ray H. Darling, Jr.
Executive Secretary

The Administrative Law Judge decision in this matter is unavailable in this format. To obtain a copy of this document, please request one from our Public Information Office By e-mail ( lwhitsett@oshrc.gov ), telephone (202-606-5398), fax (202-606-5050), or TTY (202-606-5386).

FOOTNOTES:

[[*/]] Mission Viking, Inc., 81 OSAHRC 50/A2, 9 BNA OSHC 1764, 1981 CCH OSHD ¶ 25,373 (NO. 78-617 1981).