UNITED STATES
DEPARTMENT OF LABOR

USDOL/OALJ Reporter

---

Russell v. Kings ountain Hospital, Inc., 94-CAA-14 (Sec'y Jan. 9, 1995)

---

DATE:  January 9, 1995
CASE NO. 94-CAA-14


IN THE MATTER OF

ROBERT ROSSELL,

          COMPLAINANT,

     v.

KINGS MOUNTAIN HOSPITAL, INC.,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                         FINAL ORDER OF DISMISSAL

     This case is before me for review of the Recommended Order
of Dismissal, dated October 13, 1994, issued by the
Administrative Law Judge (ALJ) under the employee protection
provision of the Energy Reorganization Act of 1974, as amended,
42 U.S.C. § 5851 (1988 and Supp. V 1993).  The ALJ's
recommendation is based on the parties' Stipulation of Dismissal,
dated September 13, 1994, in which they request dismissal without
prejudice pursuant to "Rule 41(A)(ii)" [sic] of the Federal Rules
of Civil Procedure.  The stipulation appears to meet the terms of
Fed. R. Civ. P. 41(a)(1)(ii), which has been held applicable in
these circumstances.  Bauer v. Power Resources, Inc., Case
No. 94-ERA-10, Sec. Order, June 24, 1994, slip op. at 1-2;
Galata v. Tennessee Valley Authority, Case No. 91-ERA-
0028, Sec. Order, May 20, 1992, slip op. at 2; Nolder v. Raymond Kaiser
Engineers, Inc., Case No. 84-ERA-5, Sec. Order, June 28,
1985, slip op. at 6-7.  Accordingly, the complaint in this case
is DISMISSED without prejudice.
     SO ORDERED.

                              ROBERT B. REICH
                              Secretary of Labor

Washington, D.C.