Case No. 85-ERA-0021

In the Matter of:

DANIEL MILEWSKI,
    Claimant

    vs.

KANSAS GAS AND ELECTRIC COMPANY,
    Respondent.

    NOW on this 30th day of September, 1985, the above-captioned matter comes on for hearing upon the Joint Motion to Dismiss of the Claimant, Daniel Milewski and Respondent, Kansas Gas and Electric Company. Claimant appears on his own behalf and the Respondent appears by and through its attorney, Richard D. Terrill.

    WHEREUPON, the parties jointly move the Court for an Order dismissing the above-captioned Complaint, with prejudice, and that the findings and determinations of the Department of Labor contained in the Department of Labor's letter of May 29, 1985, be vacated and set aside.

    The Court, having heard the statements and arguments of the parties and having reviewed the pleadings herein and being otherwise well and fully advised in the premises, finds

that the parties' Motion should be granted.

    IT IS THEREFORE BY THE COURT CONSIDERED, ORDERED, ADJUDGED AND DECREED that the above-captioned Complaint should be and the same is hereby dismissed with prejudice to the bringing of any further action or claim based upon the facts and things alleged in said Complaint; that the administrative determinations contained within the Department of Labor's letter of May 29, 1985, are hereby vacated and set aside.

    IT IS SO ORDERED.

       GEORGE A. FATH
       Administrative Law Judge

Approved: October 4, 1985

Daniel Milewski, Claimant

Kansas Gas and Electric Company

By:
    Richard D. Terrill
    Attorney for Respondent