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SINCLAIR OIL CORPORATION v. SMITH

No. 68 Civ. 4300.

293 F.Supp. 1111 (1968)

SINCLAIR OIL CORPORATION, Plaintiff, v. C. R. SMITH, Secretary of Commerce, as Chairman and Executive Officer, of the Foreign Trade Zones Board, Henry H. Fowler, Secretary of the Treasury, and Stanley R. Resor, Secretary of the Army, as members of the Foreign Trade Zones Board and otherwise, Richard E. Hull, as Acting Executive Secretary, Foreign Trade Zones Board, and Stewart L. Udall, as Secretary of the Interior and otherwise, Defendants.

United States District Court S. D. New York.

December 16, 1968.

Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton, New York City, for plaintiff, Fowler Hamilton, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, New York City, for defendants, Lawrence W. Schilling and Grant B. Herring, Asst. U. S. Attys., Southern Dist. of New York, New York City, of counsel.

Louis Nizer, New York City, Sp. Counsel for Maine Port Authority, Neil Pollio and David G. Miller, New York City, of counsel.

OPINION

MacMAHON, District Judge.

Plaintiff Sinclair Oil Corporation commenced this action for a permanent injunction and declaratory judgment on October 30, 1968. It now seeks a preliminary injunction pursuant to Rule 65, Fed.R.Civ.P.

The complaint challenges action by administrative agencies as outside, or in excess, of their jurisdiction. It is directed against Stewart L. Udall, as Secretary of the Interior (the Secretary), and against the members...

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