Date Issued: AUG 2 1989
Case No.: 88-TSC-2

In the Matter of

Donald Terry Anderson,
Claimant

    v.

Waste Management of New
Mexico, Employer

    This matter arises under the provisions of the Toxic Substance Control Act, 15 U.S.C. 6971 (the Act), and the regulations governing the handling of complaints found at 29 CFR Part 24.

    On a complaint filed by the plaintiff, this case was tried at Albuquerque, New Mexico. The parties were represented by counsel, and both sides fully presented evidence in support and in defense of the complaint. The parties now advise that they have settled their differences, and they jointly move to dismiss the case with prejudice.

    Upon consideration of the evidence produced at the trial, it is felt that the disposition of the case requested by the parties is appropriate. Indeed, the parties are acting on a post trial suggestion that they undertake settlement discussions bearing in mind the strengths and weaknesses of their respective cases. While they have not disclosed the consideration for their settlement, post trial discussions with counsel indicate that the cost of continued litigation was a factor moving the parties to agreement. There is no fault to be found with either the motivation or the exchange of consideration.

    Dismissal is in the best interests of each side.

    It is recommended that the Secretary, U. S. Department of Labor, grant the motion of the parties and dismiss this case with prejudice.

       GEORGE A. FATH
       Administrative Law Judge