DATE:      January 31, 1996

CASE NO.:  95-STA-00032

In the Matter of

JAMES P. MCMENAMIN

               Complainant

     v.

CARROLL FULMER & COMPANY

               Respondent


               RECOMMENDED ORDER OF DISMISSAL

     On January 30, 1996, a facsimile transmission was received
from the Complainant, confirming his desire to withdraw his
request for hearing.  Although I have some reservations because
of his professed difficulty in securing legal representation as a
partial basis for his decision, I am nevertheless constrained to
accept his withdrawal as a considered and rational judgment on
his part.

     I have tried to be accommodating to Mr. McMenamin's
interests and this has caused a considerable delay in
rescheduling this matter for hearing from the time it was
continued last August.  Part of the difficulty has been due to a
factor beyond the control of the parties and the undersigned,
i.e., the difficulty in securing court room space.  I note that
in addition to the interest of the patience in providing Mr.
McMenamin time to secure a lawyer there is also the interest in
affording the Respondent an opportunity to timely defend itself.

     In consideration of all the relevant factors I will honor
the Complainant's request.  The request for hearing is,
therefore, DISMISSED.  

     The hearing scheduled for Orlando, Florida for February 6-7,
1996 is CANCELLED.

     SO ORDERED.



                                   Ainsworth H. Brown
                                   Administrative Law Judge


NOTICE:  This Recommended Order and the administrative
file in the matter will be forwarded for review by the Secretary
of Labor, Room S-4309, Frances Perkins Building, 200 Constitution
Avenue, N.W., Washington, D.C. 20210.  The Office of
Administrative Appeals has the responsibility to advise and
assist the Secretary in the preparation and issuance of final
decisions in employee protection cases adjudicated under the
regulations at 29 C.F.R. Parts 24 and 1978.  See 55
Fed. Reg. 13250 (1990).