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H.V. Collins Co., ARB No. 97-134, ALJ No. 1995-DBA-24 (ARB Sept. 5, 1997)


U.S. Department of LaborAdministrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
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ARB CASE NO. 97-134
(ALJ CASE NO. 95-DBA-24)
DATE:
September 5, 1997

In the Matter of:

H.V. COLLINS CO.,
    General Contractor

ELCO ENTERPRISE PAINTING and
GENERAL CONTRACTING, INC,
STEVEN ELLIOTT, President

ORDER OF DISMISSAL

   On August 26, 1997, the Board issued a Notice of Appeal and Order Establishing Briefing Schedule in the captioned matter. On August 11, 1997 the Office of Administrative Law Judges issued an Order Vacating Consent Findings and Second Notice of Hearing and Prehearing Order (Order). This Order was not received by the Petitioner H.V. Collins Company prior to mailing the Petition for Review; nor was the Board notified of the Order prior to August 26, 1997. On August 19, 1997, Petitioner filed a document entitled "Withdrawal of Petition for Review" with the Board. The notice withdrawing the Petition was received by the Board on August 29, 1997. For good cause shown, it is hereby Ordered, that this matter is dismissed without prejudice.

   SO ORDERED.

       DAVID A. O'BRIEN
      
Chair

       KARL J. SANDSTROM
      
Member

       JOYCE D. MILLER
      
Alternate Member



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