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MISSION BEVERAGE CO. v. PORTER

Civil Action No. 2787.

72 F.Supp. 568 (1947)

MISSION BEVERAGE CO., Inc., v. PORTER, Price Administrator.

District Court, N. D. New York.

May 31, 1947.

Attorney(s) appearing for the Case

Mangan, Mangan & Heath, of Binghamton, N. Y., for plaintiff.

Joseph I. Butler and Alfred L. Spagnola, both of Syracuse, N. Y., for defendant.

KAMPF, District Judge.

The plaintiff herein has moved for a temporary injunction. The defendant has made a cross-motion for dismissal of the complaint on several grounds, including that: (1) This action has not been brought within the time allowed by statute; (2) the plaintiff has not exhausted its administrative remedies; (3) the venue is improper; and (4) this court lacks jurisdiction over the person of the defendant.

1. Was the action brought within the...

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