Rullo v. Standard Chlorine of Delaware, 94-CAA-16 (Sec'y Feb. 16, 1995)

USDOL/OALJ Reporter

Rullo v. Standard Chlorine of Delaware, 94-CAA-16 (Sec'y Feb. 16, 1995)

DATE:  February 16, 1995
CASE NO.  94-CAA-16


IN THE MATTER OF

GARY G. RULLO

          COMPLAINANT,

     v.

STANDARD CHLORINE OF DELAWARE,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                        ORDER DISMISSING COMPLAINT

     This case arises under the employee protection provisions of
the Clean Air Act, 42 U.S.C. § 7622 (1988).  The
Administrative Law Judge (ALJ) recommended dismissal of this case
pursuant to Rule 41 (a)(1) of the Federal Rules of Civil
Procedure, where an action may be dismissed by the complainant by
filing a notice of dismissal at any time before service by the
adverse party of an answer or of a motion for summary judgment. 
I concur in the ALJ's recommendation.  The complaint is dismissed
without prejudice.
     SO ORDERED.


                              ROBERT B. REICH
                              Secretary of Labor
Washington, D.C.

UNITED STATES
DEPARTMENT OF LABOR

Office of Administrative Law Judges