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					BRB No. 04-0824
					OWCP No. 05-0109879

ANTONIO HOLMES 					)
						)
		Claimant-Petitioner		)	DATE ISSUED: 10/28/2004
						)
	v. 					)
						)
VIRGINIA INTERNATIONAL 				)
TERMINALS, INC.					)
						)
	and					)
						)
SIGNAL MUTUAL INDEMNITY				)
ASSOCIATION					)
						)
		Employer/Carrier-		)
      		Respondents			)	ORDER


By letter dated October 6, 2004, counsel for claimant requests that his appeal be remanded to the Office of the District Director for consideration of a proposed settlement in the captioned case.

Section 8(i)(1), 33 U.S.C. §908(i)(1) provides for the approval of such settlements by the administrative law judge or district director. Consistent with this section, claimant’s appeal is dismissed and the Board grants the motion and remands this case to the Office of the District Director for further appropriate action.

In the event the proposed settlement is not approved and the petitioner wishes review of the merits of this appeal, the Board will reinstate the appeal upon the request of the petitioner. 33 U.S.C. §921(b)(4); 20 C.F.R. §405(a).

ROY P. SMITH

Administrative Appeals Judge

BETTY JEAN HALL

Administrative Appeals Judge

JUDITH S. BOGGS

Administrative Appeals Judge



NOTE: This is a LHCA Unpublished Document


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