1   Robert Russell
 2   Goldsmith, Siegel, Engel &
 3     Littlefield
 4   1600 SW Fourth Avenue, Suite 875
 5   Portland, OR 97201
 6
 7   Jerome E. LaBarre
 8   LaBarre & Associates
 9   900 SW Fifth Avenue, Suite 1212
10   Portland, OR 97204 
11
12     Of Attorneys for Complainant  
13     Jonathan T. Harnish
14   Francis T. Barnwell Bullard, Korshoj, Smith
15      & Jernstedt, P.C.
     1515 SW Fifth Avenue, Suite 1000
16   Portland, OR 97201
17   Ronald W. Johnson
     Mary Ellen Hoffman
18   Portland General Electric
     121 SW Salmon Street
19   Portland, OR 97204
          Of Attorneys for Respondent
20                UNITED STATES DEPARTMENT OF LABOR
                  Office of Administrative Law Judges
21   JAMES H. DAILY, JR.,
             Complainant,      Docket No. 88-ERA-40
22      V.                     STIPULATION AND ORDER
                               OF DISMISSAL
23   PORTLAND GENERAL ELECTRIC CO.,
             Respondent.
24     Pursuant to 29 CFR Section 24.5(4) and the stipulation
   of the parties, complainant, James H. Daily, Jr., hereby
25 appears and elects to withdraw, to not attend and to dismiss
   the above-captioned case with prejudice and without costs and
26 with each party responsible for its own attorneys' fees. The

Page 1 - STIPULATION AND ORDER OF DISMISSAL

 1 complainant hereby waives any right to appeal or to further
 2 review of this matter or proceeding before any court or
 3 administrative agency.
 4      The parties by stipulation agree that this dismissal
 5 should be granted and no cause exists for delay of entry of
 6 dismissal and hereby waive any right or claim that such cause
 7 exists. Complainant further represents that neither he nor his
 8 counsel intend to attend any hearings. The parties further
 9 waive all procedural requirements under 29 CFR Section 24.5(4)
10 regarding such lack of cause to proceed.
11    IT IS SO STIPULATED this    day of June, 1989.
12 Goldsmith, Siegel, Engel &      Bullard, Korshoj, Smith &
13    Littlefield                     Jernstedt, P.C.
14 Robert Russell                  Francis T. Barnwell
15    LaBarr & Associates             Portland General Electric
16
17 Jerome E. LaBarre               Mary Ellen Hoffman
18 Of Attorneys for Complainant      Of Attorneys for Respondent
19    It appearing that no cause exists for this proceeding
20 to continue, it is ordered that this action is dismissed with
21 prejudice and without costs and with each party responsible
for
22 its own attorneys' fees, and it is so ordered this day of
23 June, 1989. 
24
25
                                 Honorable Alexander Karst
26 2129Q                         Administrative Law Judge
Page 2 - STIPULATION AND ORDER OF DISMISSAL