ARB CASE NO. 97-128
ALJ CASE NO. 96-WPC-3
DATE: September 29, 1997

In the Matter of:

DONALD DORSEY,
   COMPLAINANT,

   v.

GREENBRIAR COUNTY
PUBLIC SERVICE DISTRICT #2,
   RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

   This case arises under the Federal Water Pollution Control Act, 33 U.S.C. §1367 (1988). The parties submitted a letter to the Administrative Law Judge stipulating resolution of their dispute and requesting dismissal of the complaint. The stipulation appears to meet the terms of Fed. R. Civ. P. 41(a)(1)(ii), which has been held applicable in these circumstances. Bauer v. Power Resources, Inc., Case No. 94-ERA-10, Sec. Order, June 24, 1994, slip op. at 1-2; Galata v. Tennessee Valley Authority, Case No. 91-ERA-0028, Sec. Order, May 20, 1992, slip op. at 2; Nolder v. Raymond Kaiser Engineers, Inc., Case No. 84-ERA-5, Sec. Order, June 28, 1985, slip op. at 6-7; Kevin James v. Ketchikan Pulp Company, Case No. 94-WPC-4, ARB Order of Dis., July 23, 1997. Accordingly, the complaint in this case is DISMISSED.

   SO ORDERED.

      DAVID A. O'BRIEN
       Chair

      KARL J. SANDSTROM
      Member

      JOYCE D. MILLER
      Alternate Member