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September 24, 2008         DOL Home > OALJ Home > Whistleblower Collection
USDOL/OALJ Reporter
Pogue v. United States Dept. of the Navy, 87-ERA-21 (ALJ Mar. 1, 1995)


DATE:  3/1/95

CASE NO. 87-ERA-21



BARBARA POGUE,

                    Complainant,

          v.

U.S. DEPARTMENT OF THE NAVY
MARE ISLAND NAVAL SHIPYARD,

                    Respondent.


                   RECOMMENDED DECISION ON REMAND ORDER

     Subsequent to the Secretary's Final Decision and Order on
Remand, this ALJ issued the 9/16/94 Notice/Order to the
Navy/Intervenors.  The Secretary's 10/24/94 Notice followed, as did
my 11/8/94 Notice/Order to the Navy/Intervenors, following 11/4/94
conference call.  All are incorporated into this decision by this
reference, as if fully recited.

     Thereafter the Intervenors wrote the ALJ 11/10/94.  On
12/30/94 they filed their Withdrawal of Intervenors' Request to
Supplement Attorneys' Fees.  This was in effectuation of the
Navy/Intervenors' 12/16/94 letter advice as to a resolution of the
attorney fee matter remanded by the Secretary.  In compliance with
their 12/16/94 request, the issuance of this Order awaited receipt
of Mr. Gorman's 2/14/95 advice here.  (All identified documents of
this paragraph are incorporated.)

     Based on these submissions which represent a fair and
equitable resolution of the matter remanded by the Secretary's
4/14/94 Final Decision and Order on Remand, it is recommended the
matter now be DISMISSED.

                                   ELLIN M. O'SHEA
                                   Administrative Law Judge




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