Case No. 84-ERA-13

In the Matter of:

Joseph D. Wampler
    Complainant

    v.

Pullman-Higgins Co.
    Respondent

    This proceeding having been duly convened for hearing on March 19, 1984 and Joseph D. Wampler (Complainant) having commenced his testimony and the parties having thereafter jointly moved for a continuance of this proceeding and this Admdinistrative Law Judge having granted said motion and Complainant having indicated on March 21, 1984 that he was withdrawing his February 10, 1984 appeal of the February 7, 1984 Decision of Gerald S. Zidle, Assistant Area Director, Wage and Hour Division, Employment Standards Administration, Department of Labor, Manchester, New Hampshire, and Respondent's attorney having concurred on March 23, 1984 in Complainant's request, it is determined that Complainant's appeal be, and hereby is, withdrawn and that, pursuant to 29

C.F.R. § 24.5(e)(4), this claim against the Respondent shall be, and hereby is, DISMISSED with prejudice.

       DAVID W. DI NARDI
       Administrative Law Judge

Dated: MAR 26 1984

Boston, Massachusetts
DWD:las