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Kamin & Kamin v. Hunter Corp., 89-ERA-11 (ALJ Jan. 24, 1989)


U.S. Department of Labor
Office of Administrative Law Judges
525 Vine Street, Suite 900 Cincinnati, Ohio 45202

Date: January 24, 1989

Case No. 89-ERA-11

In the matter of

RICHARD J. KAMIN and
MARIE A. KAMIN
    Complainants

    v.

HUNTER CORPORATION
    Respondent

ORDER CANCELLING HEARING
AND RECOMMENDED SUMMARY DECISION

This proceeding arises under the Energy Reorganization Act of 1974, as amended (ERA), 42 U.S.C. § 5801, et seq., and its implementing regulations, 29 CFR part 24. A complaint was filed against Hunter Corporation ("Hunter") by Richard J. Kamin and Marie A. Kamin (the complainants). On January 13, 1989 Hunter moved for summary judgment against the complainants on the grounds that they are not, and never have been, employees of Hunter. This motion was not opposed by the complainants, who filed a request dated January 22, 1989 that their complaint be dismissed.

Accordingly, IT IS ORDERED that the hearing in this matter which was scheduled for February 1, 1989 at 1:30 p.m. in Kenosha, Wisconsin is cancelled.

Also, IT IS HEREBY RECOMMENDED that an order be entered finding that the complainants are not entitled to relief under the ERA.

       Charles W. Campbell
       Administrative Law Judge



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