UNITED STATES
DEPARTMENT OF LABOR

USDOL/OALJ Reporter
Lepore v. East Bay unicipal Utility, 94-CER-3 (Sec'y Feb. 15, 1995)

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DATE:  February 15, 1995
CASE NO. 94-CER-3


IN THE MATTER OF 

BRUCE A. LEPORE,

          COMPLAINANT, 

     v. 

EAST BAY MUNICIPAL UTILITY
DISTRICT,

          RESPONDENT.


BEFORE:   THE SECRETARY OF LABOR


                          NOTICE OF CASE CLOSING

     This case arises under the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), 42 U.S.C.
Section 9610,(1988).  The parties submitted a proposed Order
Dismissing Proceedings with Prejudice to the Administrative Law
Judge (ALJ), which he approved on January 31, 1995.

     Because CERCLA does not contain language making the
Secretary a party to settlements in CERCLA cases, this action may
be dismissed by the filing of a stipulation of dismissal signed
by all of the parties who have appeared in the action.  F. R.
Civ. P. Rule 41(a)(1)(ii)(1994).

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

     SO ORDERED.

                              For the Secretary of Labor



                                   DAVID A. O'BRIEN                                                       
                                   Acting Director, Office of 
                                   Administrative Appeals[1]

Washington, D.C.   

[ENDNOTES]

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