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BISHOP PROCESSING COMPANY v. GARDNER

Civ. No. 18496.

275 F.Supp. 780 (1967)

BISHOP PROCESSING COMPANY, a body corporate of the State of Maryland, v. John W. GARDNER, Secretary of Health, Education & Welfare of the United States.

United States District Court D. Maryland.

November 16, 1967.

Attorney(s) appearing for the Case

W. Edgar Porter, David H. Clark and Porter, Cullen & Clark, Salisbury, Md., for plaintiff.

Stephen H. Sachs, U. S. Atty., and Theodore R. McKeldin, Jr., Asst. U. S. Atty., Baltimore, Md., and Walter Kiechel, Jr., Atty., Dept. of Justice, Washington, D. C., for defendant.

THOMSEN, Chief Judge.

Bishop Processing Company (Bishop) has filed a "Petition for Declaratory Judgment and for Judicial Review under the Federal Administrative Procedure Act" of certain rulings made by a hearing board at a public hearing held under the provisions of the Clean Air Act, 42 U.S.C.A. § 1857 et seq.1 Jurisdiction is claimed not only under the Administrative Procedure Act, but also under 28 U.S.C.A. § 1331.

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