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USDOL/OALJ Reporter
Williams v. Public Service Electric & Gas Co., 98-ERA-9 (ALJ Jan. 16, 1998)


U.S. Department of Labor
Office of Administrative Law Judges
2600 Mt. Ephraim Avenue
Camden, New Jersey 08104

DATE: January 16, 1998

CASE NO.: 98-ERA-00009

In the Matter of

THOMAS D. WILLIAMS
    Complainant

    v.

PUBLIC SERVICE ELECTRIC & GAS COMPANY
    Respondent

RECOMMENDED DISMISSAL

   This matter was scheduled for hearing on December 15, 1997. The parties sought and received a continuance. In the course of attempting to secure a firm date for hearing with the parties, it was learned that the Complainant desired to withdraw his complaint.

   This position was confirmed in a letter dated January 8, 1998 wherein Mr. Williams asserted that the "same matter is at issue" in a state court proceeding and is in the discovery phase of litigation. The issues can be fully adjudicated in that forum. The Respondent does not object.

   Therefore, the request for hearing is DISMISSED.

   SO ORDERED.

       Ainsworth H. Brown
       Administrative Law Judge

NOTICE: This Recommended Decision and Order and the administrative file in this matter will be forwarded for final decision to the Administrative Review Board, United States Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N.W., Washington, DC 20210. See 61 Fed. Reg. 19978 and 19982 (1996).



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