ARB CASE NO. 97-034
ALJ CASE NO. 94-WPC-4
DATE: July 23, 1997

In the Matter of:

KEVIN JAMES,
    COMPLAINANT,

    v.

KETCHIKAN PULP COMPANY,
    RESPONDENT.

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

   This case arises under the Water Pollution Control Act (WPCA), 33 U.S.C. § 1367 (1988). The parties have submitted a letter stipulating resolution of their dispute and requesting dismissal of the complaint. The stipulation appears to meet the terms of Fed. R. Civ. P. 41(a)(1)(ii), which has been held applicable in these circumstances. Bauer v. Power Resources, Inc., Case No. 94-ERA-10, Sec. Order, June 24, 1994, slip op. at 1-2; Galata v. Tennessee Valley Authority, Case No. 91-ERA-0028, Sec. Order, May 20, 1992, slip op. at 2; Nolder v. Raymond Kaiser Engineers, Inc., Case No. 84-ERA-5, Sec. Order, June 28, 1985, slip op. at 6-7. Accordingly, the complaint in this case is DISMISSED.

    SO ORDERED.

      DAVID A. O'BRIEN
      Chair

      KARL J. SANDSTROM
      Member

      JOYCE D. MILLER
      Alternate Member