“Docket No. 83-0261 SECRETARY OF LABOR, Complainant, v.KUT-KWICK CORPORATION, Respondent.OSHRC DOCKET NO. 83-0261ORDERThe Commission approves the settlement agreement.\u00a0 The Commission treats theRespondent’s notice of withdrawal as a motion to withdraw its application for fees andexpenses, and grants the motion.\u00a0 The Commission further vacates the Direction forReview in this case.FOR THE COMMISSIONRay H. Darling, Jr.Executive Secretary Dated:\u00a0 APR 10 1985 RAYMOND J. DONOVAN, SECRETARY OF LABOR, Complainant,v.KUT-KWIK CORPORATION,Respondent.OSHRC DOCKETNO. 83-0261(EAJA)JOINT NOTICE OF WITHDRAWAL OF APPLICATION FOR FEES AND EXPENSES UNDER THE EQUALACCESS TO JUSTICE ACTComplainant, by his undersigned attorney, andrespondent Kut-Kwik Corporation, by its undersigned attorney, hereby notify theOccupational Safety and Health Review Commission (\”Commission\”) that theabove-noted proceeding presently before the Commission on review of the decision of theadministrative law judge’s decision on the issue of fees and expenses under the EqualAccess to Justice Act, 5 U.S.C. ? 504 (\”EAJA\”), has been concluded byStipulation and Settlement with respect to the pending claim in its entirety.\u00a0 A copyof the Agreement entered into by the parties is attached hereto.Accordingly, there being no controversy remaining between the parties, Kut-KwikCorporation withdraws its application under the EAJA and the instant proceedings areterminated.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 AGREEMENTComplainant, by his undersigned attorneys, and respondent, Kut-Kwik Corporation, by itsundersigned attorney, hereby stipulate and agree as follows:1.\u00a0 The parties wish to settle theapplication of respondent for attorney’s fees and expenses under the Equal Access toJustice Act, 5 U.S.C. ? 504 (EAJA), without the need for further litigation.2.\u00a0 Without conceding that respondent has any rights whatsoever to attorney’s feesand expenses under the EAJA in the instant proceeding, complainant agrees in settlement ofrespondent’s application to pay to respondent by check drawn from the United StatesDepartment of Labor, the amount of $6,500.00.\u00a0 The check shall be made payable toKut-Kwik Corporation, shall be issued to the above-named within ninety days of finalexecution of this agreement, and shall constitute full and complete settlement ofrespondent’s application.3.\u00a0 In consideration for the $6,500.00 check for attorney’s fees and expensesdescribed in paragraph (2) above, respondent hereby agrees to waive all other claims forattorney’s fees and expenses incurred in this case both on the merits of the originalcitations and on its application under the Equal Access to Justice Act.FOR THE COMPLAINANT KENNETH A. HELLMAN, ESQ.FOR THE RESPONDENTJOHN P. CAMPBELL, ESQ.”