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Rowland v. Easy Rest Bedding, Inc., 93-STA-19 (ALJ May 6, 1994)



DATE:  May 6, 1994

CASE NO.  93-STA-29

In the Matter of

CHESTER C. ROWLAND, JR. 
          Plaintiff

     v.

EASY REST BEDDING, INC.
          Respondent

                       ORDER OF REMAND

     This case was originally scheduled for hearing on May 13,
1993, in Jackson, Tennessee, and was subsequently continued by
Order dated May 7, 1993.  A second Notice of Hearing was issued on
April 22, 1994, scheduling the case for hearing on October 6, 1994. 
The Notice to the Respondent, Marion Turner, President, Easy Rest
Bedding, Inc., was returned to this office by the U.S. Postal
Service, with the notation "Box closed no order."  It was deter-
mined by this office, through telephone communications, that Mr.
Marion Turner died on August 6, 1993, and that Easy Rest Bedding,
Inc. has filed bankruptcy proceedings.  It cannot be determined to
what stage the bankruptcy proceedings have progressed or whether
there is a successor company that could be substituted as respon-
dent.  Further investigation is necessary before this case can
proceed.
     It is, therefore,
     ORDERED that this case is hereby REMANDED 
to the Regional Administrator, Occupational Safety and Health Administra-
tion, U.S. Department of Labor, 1375 Peachtree Street, N.E.,
Atlanta, Georgia 30367, for further investigation.  The Regional
Administrator should determine the status of the named Respondent,
Easy Rest Bedding, Inc., and whether, under the circumstances, the
Complainant wishes to pursue his claim.

[PAGE 2] ROBERT L. HILLYARD Administrative Law Judge



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