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Scrivener Oil Co., 91-EPP-6 (ALJ Sept. 24, 1996)


UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
800 K STREET, N.W., SUITE 400N
WASHINGTON, D.C. 20001-8002

Date: September 24, 1996

Case No.: 91-EPP-6

In the Matter of:

SCRIVENER OIL COMPANY and
RICHARD SCRIVENER,
    Respondents.

ORDER VACATING DECISION AND ORDER AND
GRANTING MOTION FOR WITHDRAWAL

    On August 12, 1996, the undersigned issued a Decision and Order in the above-captioned matter. On September 3, 1996, the parties filed a Joint Motion for Withdrawal. The Administrator, Wage & Hour Division, agrees to withdraw its Order of Reference and penalty assessment letter, and Respondents agree to withdraw their pending motion for costs.

    The decision in Rapid Robert's, Inc. v. U.S. Department of Labor, Case No. 95-3182-CV-S-4 (W.D. Mo. March 4, 1995), invalidated the regulations under which the Administrator's penalty assessment in this matter was issued. Thus, the parties have agreed to settle this matter, and their Motion for Withdrawal is attached hereto and incorporated by reference.

    Accordingly, IT IS HEREBY ORDERED that this matter is DISMISSED and the Decision and Order of August 12, 1996 is VACATED.

       JOHN M. VITTONE
      Chief Administrative Law Judge

JMV/cy



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