“SECRETARY OF LABOR,Complainant,v.EASTERN STEEL ERECTORS, INC.,Respondent.OSHRC DOCKET NO. 83-1107 (EAJA)_ORDER_The parties’ Stipulation and Settlement Agreement on the above-captionedEqual Access to Justice Act case is approved.FOR THE COMMISSIONRAY H. DARLING, JR.EXECUTIVE SECRETARYDated: August 8, 1985WILLIAM E. BROCK, SECRETARY OF LABOR,Complainant,v.EASTERN STEEL ERECTORS, INC.,Respondent.OSHRC DOCKET NO. 83-1107 (EAJA)_JOINT NOTICE OF WITHDRAWAL OF APPLICATIONFOR FEES AND EXPENSES UNDER THE EQUALACCESS TO JUSTICE ACT_Complainant, by his undersigned attorney, and respondent Eastern SteelErectors, Inc., by its undersigned attorney, hereby notify theOccupational Safety and Health Review Commission (\”Commission\”) that theabove-noted proceeding presently before the Commission on review of thedecision of the administrative law judge on the issue of fees andexpenses under the Equal Access to Justice Act, 5 U.S.C. ?504 (\”EAJA\”),has been concluded by Stipulation and Settlement with respect to thepending claim in its entirety. A copy of the Agreement entered into bythe parties is attached hereto.Accordingly, there being no controversy remaining between the parties,Eastern Steel Erectors, Inc. withdraws its application under the EAJAand the instant proceedings are terminated.FOR THE COMPLAINANTMary N. Revell, Esq.FOR THE RESPONDENTRichard I. Manas, Esq.DATED: August 5, 1985WILLIAM E. BROCK, SECRETARY OF LABOR,Complainant,v.EASTERN STEEL ERECTORS, INC.,Respondent.OSHRC DOCKETNo. 83-1107 (EAJA)_STIPULATION AND SETTLEMENT AGREEMENT_Complainant, by his undersigned attorney, and respondent, Eastern SteelErectors, Inc., by its undersigned attorney, hereby stipulate and agreeas follows:1. The parties wish to settle the application of respondent forattorney’s fees and expenses under the Equal Access to Justice Act, 5U.S.C. ?504 (EAJA), without the need for further litigation.2. Without conceding that respondent has any rights whatsoever toattorney’s fees and expenses under the EAJA in the instant proceeding,complainant agrees in settlement of respondent’s application to pay torespondent by check drawn from the United States Department of Labor,the amount of $4,330.00. The check shall be made payable to EasternSteel Erectors, Inc., shall he issued to the above-named within ninetydays of final. execution of this agreement, and shall constitute fulland complete settlement of respondent’s application.3. In consideration for the $4,330.00 check for attorney’s fees andexpenses described in paragraph (2) above, respondent hereby agrees towaive all other claims for attorney’s fees and expenses incurred in thiscase both on the merits of the original citations and on its applicationunder the Equal Access to Justice Act.FOR THE COMPLAINANTMary N. Revell, Esq.FOR THE RESPONDENTRichard I. Manas, Esq.DATED: August 5, 1985————————————————————————“