In the Matter of               :
                               :
DWIGHT E. TOLAND,              :   
                               :   Date: November 24, 1993 
         Complainant           :
                               :   
    v.                         :   Case No.  93-STA-35
                               :
                               :
BURLINGTON MOTOR CARRIERS, INC.,:
                               :
         Respondent            :
................................:

         ORDER DENYING MOTION FOR SUMMARY DECISION
                                    
     On November 23, 1993, the Respondent in the above-captioned matter,
by counsel, filed a Motion for Summary Decision, with supporting
affidavits and documentation.
     I have carefully reviewed the Respondent's motion and I am not
persuaded by it that there are no genuine issues of fact. Therefore, I find 
that the motion is without merit at this time.
     Accordingly,
     IT IS ORDERED, that the Respondent's Motion for Summary Judgment
be, and it hereby is, DENIED, but is subject to renewal at the
conclusion of the Complainant's case-in-chief.

                                                  DANIEL J. ROKETENETZ
                                                  Administrative Law Judge