VACATE

97F-320-DWM · Department of Weights and Measures · 1998-01-08

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

|In the Matter of: | |Docket No. 97F-320-DWM | | | | | | | | | |WHITING BROTHERS, | |ORDER VACATING SCHEDULED HEARING AND| | | |REMANDING MATTER WITH RECOMMENDATION| |Respondent. | |TO CLOSE PENDING APPEAL ACTION | | | | | | | | |

Shortly prior to the date set for the hearing in the above-entitled matter, counsel for the Arizona Department of Weights and Measures confirmed in writing that all matters in issue between the parties have been resolved, also effectively requesting that the scheduled hearing be vacated and that the pending administrative action be terminated.

In view of the foregoing, and sufficient cause appearing, IT IS HEREBY ORDERED that the hearing scheduled to convene on January 9, 1998 be and hereby is vacated from the calendar of the Office of Administrative Hearings, and IT IS FURTHER ORDERED that this matter be remanded to the Director of the Department of Weights and Measures with the recommendation that this entire appeal action be closed

Dated: January 9, 1998.

OFFICE OF ADMINISTRATIVE HEARINGS

______________________________________ Robert. I. Worth Administrative Law Judge

Copy transmitted on ____________________

by: __________________________ , To:

Mr. John U. Hays, Director Department of Weights and Measures 9535 E. Doubletree Ranch Road Scottsdale, AZ 85258

ATTN: Eleanor Addeo

Whiting Brothers 1402 E. 2nd St. Winslow, AZ 86047

Brian R. Warnock, Esq Warnock, MacKinlay & Associates, PLLC 2425 E. Camelback Rd., Suite 600 Phoenix, AZ 85016

Office of the Attorney General Joseph P. Mikitish 1275 West Washington Street Phoenix, AZ. 85007

Sun West Express 701 North Navajo Drive Page, AZ. 86040 -----------------------

Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826