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USDOL/OALJ Reporter
USDOL v. D & H Manufacturers, Inc.95-RIS-4 (ALJ Jan. 11, 1996)

U.S. Department of Labor
Office of Administrative Law Judges
525 Vine Street, Suite 900
Cincinnati, OH 45202

Date: January 11, 1996

Case No.: 95-RIS-4

In the Matter of

U. S. DEPARTMENT OF LABOR
Pension and Welfare Benefits Administration
    Complainant

    v.

D & H MANUFACTURERS, INC.
    Respondent

ORDER OF DISMISSAL

    On November 24, 1995, a Notice of Hearing and Prehearing Order was issued scheduling this case for hearing on January 23, 1996, in Columbus, Ohio. The Order also required the parties to file certain information on or before January 5, 1996. The Complainant, U.S. Department of Labor, has not responded to the Order. The Respondent, D & H Manufacturers, Inc., filed a response on December 1, 1995, in which it enclosed a letter dated November 7, 1995, from Ian Dingwall, Chief Accountant for the Pension and Welfare Benefits Administration, U.S. Department of Labor. Mr. Dingwall wrote that the Department of Labor was withdrawing its Notice of Determina-tion on Statement of Reasonable Cause and its Notice of Intent to Assess a Penalty dated August 12, 1994 and September 30, 1994, respectively.

    Upon consideration of the letter stating that the Department of Labor has withdrawn its Notice and assessment of penalty and the fact that the Complainant has ignored and failed to respond to the Order of November 24, 1995, it is hereby,

    ORDERED that this case is hereby DISMISSED, and it is further,

    ORDERED that the hearing scheduled for January 23, 1996, in Columbus, Ohio is hereby CANCELLED.

       Robert L. Hillyard
       Administrative Law Judge



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