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Mosley v. Parsons AG Mineral, Inc., 90-SWD-1 (Sec'y Aug. 18, 1995)


DATE:  August 18, 1995
CASE NO.  90-SWD-1


IN THE MATTER OF

RICHARD E. MOSLEY 

          COMPLAINANT,

     v.

PARSONS AG MINERALS, INC. 

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                            ORDER OF DISMISSAL

     Before me for review is a Recommended Order of Dismissal in
this case which arises under the employee protection provisions
of the Solid Waste Disposal Act (also known as the Resource
Conservation and Recovery Act), 42 U.S.C. § 6971 and the
applicable regulations at 29 C.F.R. Part 24.  On  May 4, 1995,
the ALJ issued a Recommended Order of Dismissal based upon
Complainant s attorney s representation that Complainant did not
intend to pursue the matter because of Respondent s bankruptcy.  
     On July 6, 1995, an Order to Show Cause was issued directing
Complainant to file, within 20 days of that Order, a response
stating why the complaint should not be dismissed.  Complainant
filed no response to the Order to Show Cause.
     Based on Complainant s attorney s representation that
Complainant did not wish to pursue the matter because of
Respondent s bankruptcy and Complainant s failure to respond to
the Order to Show Cause, the ALJ s recommendation is accepted and
this case is dismissed.
     SO ORDERED.

                              ROBERT B. REICH 
                              Secretary of Labor

Washington, D.C.    




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