“SECRETARY OF LABOR,Complainant,v.KUT-KWICK CORPORATION,Respondent.OSHRC DOCKET NO. 83-0261_ORDER_The Commission approves the settlement agreement. The Commission treatsthe Respondent’s notice of withdrawal as a motion to withdraw itsapplication for fees and expenses, and grants the motion. TheCommission further vacates the Direction for Review in this case.FOR THE COMMISSIONRay H. Darling, Jr.Executive SecretaryDated: APR 10 1985RAYMOND J. DONOVAN, SECRETARY OF LABOR,Complainant,v.KUT-KWIK CORPORATION,Respondent.OSHRC DOCKETNO. 83-0261(EAJA)_JOINT NOTICE OF WITHDRAWAL OF APPLICATIONFOR FEES AND EXPENSES UNDER THE EQUALACCESS TO JUSTICE ACT_Complainant, by his undersigned attorney, and respondent Kut-KwikCorporation, by its undersigned attorney, hereby notify the OccupationalSafety and Health Review Commission (\”Commission\”) that the above-notedproceeding presently before the Commission on review of the decision ofthe administrative law judge’s decision 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,Kut-Kwik Corporation withdraws its application under the EAJA and theinstant proceedings are terminated.FOR THE COMPLAINANTKENNETH A. HELLMAN, ESQ.FOR THE RESPONDENTJOHN P. CAMPBELL, ESQ.RAYMOND J. DONOVAN, SECRETARY OF LABOR,Complainant,v.KUT-KWIK CORPORATION,Respondent.OSHRC DOCKET NO. 83-0261 (EAJA)_STIPULATION AND SETTLEMENT AGREEMENT_Complainant, by his undersigned attorneys, and respondent, Kut-KwikCorporation, by its undersigned attorney, hereby stipulate and agree asfollows: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 $6,500.00. The check shall be made payable to Kut-KwikCorporation, shall be issued to the above-named within ninety days offinal execution of this agreement, and shall constitute full andcomplete settlement of respondent’s application.3. In consideration for the $6,500.00 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 COMPLAINANTKENNETH A. HELLMAN, ESQ.FOR THE RESPONDENTJOHN P. CAMPBELL, ESQ.————————————————————————“