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although Pittston has claimed those entities are independent contractors <br />and has denied any ownership or control of those entities. Pittston and <br />OSM are entering into this Settlement Agreement as a means of resolving <br />the dispute between them regarding the propriety of Pittston being listed <br />as a presumed owner/controller of purported contract miners on OSM's <br />ApplicantNiolator System through § 773,5, and as a means of resolving <br />the lawsuit instituted by Pittston and a subsidiary, Clinchfield Cval Co„ <br />in the United States District Court for the Western District of Virginia, <br />which was recently transferred to the district court for the District of <br />Columbia. OSM was enjoined from permit blocking Pittston or its <br />affiliates through the AVS as a result of that federal lawsuit. Upon the <br />execution of this Agreement, as part of the consideration for this <br />Agreement, the parties will submit a joint motion and an agreed order <br />dismissing that lawsuit styled Pittston Coal Company v. Babbitt, No. 96- <br />1431, (bist. Ct. D.C.). The parties will also contemporaneously move the <br />Hearings Division of the Office of Hearings and Appeals to dismiss the <br />pending applications for review, styled Holston Mining, Inc. v. OSM, No. <br />NX 93-34-R; and Eastern Coal Corn. v. OSMRE, involving two Pittston <br />subsidiaries and an entity (Glory Coal Company) on the attached list of <br />-- Page Number 2 -- <br />Cnn fib •rvnar-~rnrcr rTl nnrncoon FrA ,+•on ne .n+m.. <br />