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Ass't Sec'y & Knight v. Bud Morgan Towing & Wrecker Service, 93- STA-4 (OAA Feb. 17, 1993)


U.S. Department of Labor      Office. of Administrative Appeals
                              Washington, D.C.  20210


DATE: February 17, 1993
CASE NO. 93-STA-3


IN THE MATTER OF

ASSISTANT SECRETARY OF LABOR FOR
OCCUPATIONAL SAFETY AND HEALTH,
          PROSECUTING PARTY,

     and

WILLIAM D. KNIGHT,
          COMPLAINANT,

     v.

BUD MORGAN TOWING AND WRECKER SERVICE,
          RESPONDENT.

BEFORE:   THE SECRETARY OF LABOR


NOTICE OF CASE CLOSING

                                      On February 1, 1993, the Administrative Law Judge (ALJ)
issued an order of Dismissal based upon the Settlement Agreement
entered into by the parties.  The ALJ dismissed this case with
prejudice.

     Under the regulations implementing the Surface
Transportation Assistance Act of 1982, 49 U.S.C. app. § 2305
(1988), either an ALJ or the Secretary of Labor may approve a
settlement agreement and dismiss a case. 29 C.F.R. §
1978.111(d)(2) (1992); see Swisher v. Gerber Childrenswear,
Inc., Case No. 93-STA-00001, Final Order Approving Settlement
Agreement, Jan. 4, 1993.

     This notice is to advise the parties that the case is closed
pursuant to the ALJ's Order of Dismissal.


                              For the Secretary of Labor

                              GRESHAM C. SMITH
                              Acting Director, Office of
                              Administrative Appeals [1]

Washington, D.C.


[1] This Notice is issued pursuant to Secretary's order 3-90, 55
Fed.  Reg. 13,250 (April 9, 1990) (copy
appended).



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