DATE: November 29, 1990
CASE NO. 91-ERA-3

IN THE MATTER OF

GENNARO CACCAVALE
    Complainant

    against

NORTHEAST UTILITIES
    Respondent

Appearances:

Judy D. Rintoul, Esq.
    For the Complainant

Edward M. Richters, Esq.
    For the Respondent

BEFORE: MARTIN J. DOLAN, JR.
    Administrative Law Judge

   This proceeding arises under the Energy Reorganization Act of 1974, as amended, 42 U.S.C. § 5851, and its implementing regulation 29 C.F.R. Part 24. A public hearing was scheduled to be held in this case matter on December 4, 1990, in New

London, Connecticut. Prior to the conduct of the hearing, the Complainant elected to withdraw the complaint which he had lodged against Northeast Utilities in this matter under the Energy Reorganization Act of 1974, as amended.

   The Complainant has submitted to the undersigned a document captioned as 'Withdrawal of Complaint' dated November 20, 1990, which was signed by the Complainant, his attorney, and a corporate attorney representing the Respondent and which stipulated therein that Complainant no longer wishes to pursue this claim under the federal statute, that there is no settlement agreement between the parties, and that it is understood that the withdrawal of this complaint in this case matter is with prejudice and without costs or attorney's fees to either party. The consummated 'Withdrawal of Complaint' constitutes a stipulation of dismissal as contemplated by Rule 41(A)(1)(ii) of the Federal Rules of Civil Procedure.

   Accordingly, it is ORDERED that the complaint in this case matter be DISMISSED with prejudice.

       MARTIN J. DOLAN, JR.
       Administrative Law Judge

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