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USDOL/OALJ Reporter
Henderson v. Allied Radiological Control, 91-ERA-39 (ALJ Nov. 1, 1992)


U.S. Department of Labor
Office of Administrative Law Judges
800 K Street, N.W.
Washington, D.C. 20001-8002

DATED ISSUED: NOVEMBER 1, 1992
Case No.: 91-ERA-39

In the matter of:

YVONNE HENDERSON,
    Complainant,

v.

ALLIED RADIOLOGICAL CONTROL,
    Respondent,

Michael D. Kohn, Esq., Attorney for Complainant

Michael D. Kaufman, Esq., Attorney for Respondent

RECOMMENDED DECISION AND ORDER
APPROVING SETTLEMENT

   This case arises under the Energy Reorganization Act, 42 U.S.C. § 5851, and its implementing regulations, 29 C.F.R. Part 24. A hearing was held before the undersigned on January 6 and 7, 1992 in Jacksonville, Florida, at which time Complainant and Respondent, assisted by counsel, were given full opportunity to present their evidence and arguments.

   During the hearing, the parties reached a tentative settlement and indicated that pending finalization of the


[Page 2]

agreement they would submit a joint motion for dismissal of the claim with prejudice. On October 7, 1992 separate signed agreements were submitted to this office along with Complainant's motion to withdraw her claim with prejudice.

   Review of the settlement agreement indicates that the agreement is fair and equitable to both parties and is not contrary to the provisions of the Energy Reorganization Act. Therefore, it is recommended that the settlement agreement be approved and the Motion to Withdraw with Prejudice granted.

ORDER

   It is hereby recommended that the settlement agreement be approved and Complainant's Motion to Withdraw with Prejudice granted.

       Nahum Litt
       Chief Judge



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