DATE:      OCTOBER 13, 1994


CASE NO.:  94-CAA-14

                            
IN THE MATTER OF            


ROBERT  ROSSELL,                   
          Complainant,      
  
     V.

KINGS MOUNTAIN HOSPITAL, INC.,  
          Respondent.



                RECOMMENDED  ORDER  OF  DISMISSAL


     By motion dated October 5, 1994, Complainant and
Respondent filed a Stipulation of Dismissal signed by both
parties.


     The parties request that the above-captioned case be
dismissed without prejudice pursuant to Rule 41(a)(ii) of
the Federal Rules of Civil Procedure.



     It appears that the parties have complied with the
appropriate rule governing dismissal by Stipulation. 
According, it is recommended that the above-captioned case
be dismissed pursuant to Rule 41(a)(ii) without prejudice.






                                                          
  
                                   DANIEL A. SARNO, JR.
                                   Administrative Law Judge


DAS/ccb
Newport News,  Virginia




NOTICE:  This Recommended Order and the
administrative file in this matter will be forwarded for review by
the Secretary of Labor to the Office of Administrative Appeals, 
U. S. Department of Labor, Room S-4309, Frances Perkins Building,
200 Constitution Avenue, N.W., Washington,  DC  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 and adjudicated under the
regulations at 29 C.F.R. Parts 24 and 1978.  See 55 Fed.
Reg. 13250 (1990).                                SERVICE SHEET


CASE NAME:          ROBERT  ROSSELL

CASE NO.:           94-CAA-14

TITLE OF DOCUMENT:  RECOMMENDED  ORDER  OF  DISMISSAL


I hereby certify that on                    , a copy of the foregoing document
was sent to the parties and their representatives at their last known addresses listed
below.



                                                                  
                              Cathy C. Barefoot
                              Legal Technician

CERTIFIED  MAIL

Gresham C. Smith, Acting Director
Office of Administrative Appeal
U.S. DEPARTMENT OF LABOR
200 Constitution Ave., N.W.
Room S-4309
Washington, DC 20210

ROBERT  ROSSELL
281 Fitch Road
Blacksburg,  SC  29702

REGULAR  MAIL

C. ANDREW NEISLER, JR., Esq.
CLONINGER & NEISLER
115 West Mountain Street
Kings Mountain,  NC  28086

KINGS MOUNTAIN HOSPITAL, INC.
ATTN:  MRS. HANK NEAL, Administrator
706 W. King Street
Kings Mountain,  NC  28086

Administrator
Employment Standards Admin.
Wage and Hour Division
U.S. DEPARTMENT OF LABOR
Room S-3502, FPB
200 Constitution Avenue, N.W.
Washington, DC  20210

Gerald M. Parks
District Director
Wage & Hour Division
U. S. DEPARTMENT OF LABOR
800 Briar Creek Road
Suite CC-412
Charlotte,  NC  28205-6903





REGULAR  MAIL

Richard L. Gilbert
Assistant District Director
Employment Standards Administration
Wage & Hour Division
U. S. DEPARTMENT OF LABOR
1375 Peachtree Street, N.E.
Atlanta,  GA  30367

Monica Gallagher
Associate Solicitor For
Fair Labor Standards
U.S. Department of Labor
Room N-2716
200 Constitution Avenue, N.W.
Washington, DC  20210

Office of Enforcement & 
Compliance Monitoring
ENVIRONMENTAL PROTECTION AGENCY
401 M Street, S.W. 
Washington, DC  20460

William H. Berger, Esq.
Regional Solicitor
U.S. Department of Labor
Room 339
1371 Peachtree Street, N.E.
Atlanta, GA  30367

Bruno Urich
Director, Enforcement and 
Investigations Coordination Staff
U.S. NRC Region 2
Suite 3100
101 Marietta Street, N.W.
Atlanta, GA  30323















MEMORANDUM FOR:     ROBERT B. REICH
                    Secretary of Labor
                    U.S. DEPARTMENT OF LABOR
                    200 Constitution Ave., N.W.
                    Room S-2018
                    Washington,   DC  20210


FROM:               DANIEL A. SARNO, JR.
                    Administrative Law Judge


SUBJECT:       ROBERT ROSSELL v. KINGS MOUNTAIN
                    HOSPITAL, INC.
                    CASE NO.:  94-CAA-14



I transmit herewith my RECOMMENDED ORDER OF DISMISSAL
dated                 , together with the record herein.


Enclosures