STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood:
(1) That John Mussell was erroneously and improperly removed from the position of section foreman at Huron, Ohio, on August 12, 1944;
(2) That John Mussell shall be restored to the position of section foreman with seniority rights unimpaired;
(3) That John Mussell shall be paid for time lost at the rate applicable to section foreman for all time that he is being held out of service, retroactive to August 12, 1944.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon and upon the whole record and all the evidence, finds and holds:
That the carrier and the employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein;
That the dispute was certified to the Third Division of the Adjustment Board ex parte by complainant party; and
That hearing thereon has been held but not concluded. Under date of January 14, 1946, the complainant party addressed a formal communication to the Secretary of the Third Division requesting withdrawal of this case, which request is hereby granted.