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92cl096a.htm





DATE:  July 20, 1993
CASE NO. 92-CLA-96


IN THE MATTER OF

MARIA ECHAVESTE, ADMINISTRATOR,
WAGE AND HOUR DIVISION,

          PLANTIFF,

     v.

JAMES H. SMITH, 
Individually, and
d/b/a HAYES SUPERMARKET,

          RESPONDENTS.


BEFORE:  THE SECRETARY OF LABOR


                          NOTICE OF CASE CLOSING

     On May 12, 1993, the Administrative Law Judge (ALJ) issued a
Decision and Order in this case arising under the child labor
provisions of the Fair Labor Standards Act of 1938, as amended
(FLSA), 29 U.S.C. §§ 212 and 216(e) (1988), and its
implementing regulations, 29 C.F.R. Parts 570 and 579 (1990) and
Part 580 (1991).  Initially the Acting Administrator appealed the
Decision and Order and requested a briefing schedule.
     Subsequently, the Administrator filed a Notice of Intent Not
to Appeal, dated July 7, 1993, indicating that upon thorough
review of the transcript and records in the case file, the
Administrator withdraws the appeal of the ALJ's Decision and
Order.
     This order is advise the parties that the case is closed
pursuant to the ALJ's final order.
                              For the Secretary of Labor



[PAGE 2] Acting Director, Office of Administrative Appeals [1] Washington, D.C. [ENDNOTES] [1] This notice is issued pursuant to the Secretary's Order 3- 90, 55 Fed. Reg. 13,250 (April 9, 1990) (copy appended).



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