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USDOL/OALJ Reporter
Stites v. Houston Lighting & Power Co., 87-ERA-41 (ALJ Dec. 8, 1987)


U.S. Department of Labor
Office of AdministrativeLaw Judges
Heritage Plaza, Suite 530
111 Veterans Memorial Blvd.
Metairie, LA 70005

DATE: December 8, 1987
CASE NO. 87-ERA-41

IN THE MATTER OF

ED STITES
    Complainant

    against

HOUSTON LIGHTING & POWER CO.
    Respondent

APPEARANCES

Linda A. Delaney, Esq.
    For the Complainant

L. Chapman Smith, Esq.
    For the Respondent

BEFORE: PARLEN L. MCKENNA
    Administrative Law Judge

DECISION AND ORDER OF DISMISSAL

   By Order dated September 14, 1987, the above-captioned matter was duly set for hearing in Houston, Texas on December 4, 1987. Prior thereto, Counsel for the Complainant contacted my office indicating that the Complainant did not wish to pursue his complaint and would not attend the scheduled hearing. By Motion dated December 1, 1987, Counsel for the Complainant requested that the Complaint be dismissed without prejudice.

   Pursuant to 29 C.F.R. § 24.5(e)(4)(A), the Complainant's Motion to Dismiss is hereby granted.1

       PARLEN L. MCKENNA
       Administrative Law Judge

Metairie, Louisiana

PLM:kw
K/74

[ENDNOTES]

1 29 C.F.R. § 24.3(b) requires that a Complaint be filed within 30 days of the occurrence of the alleged violation. Therefore, the grant of the Complainant's Motion herein effectively precludes any future legal remedy.



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