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AIRCO, INC. v. MORTON

No. 75 Civ. 904 (HFW).

427 F.Supp. 443 (1976)

AIRCO, INC., Plaintiff, v. Rogers C. B. MORTON, Secretary of the Interior, et al., Defendants.

United States District Court, S. D. New York.

September 13, 1976.

Attorney(s) appearing for the Case

Shearman & Sterling, New York City by Werner Polak, Thomas Geisler, New York City, of counsel and Jones, Day, Reavis & Pogue, Washington, D. C. by W. Stanfield Johnson, Washington, D. C., of counsel, for plaintiff.

Robert B. Fiske, Jr., U.S. Atty., S.D.N.Y., New York City, by John M. O'Connor, New York City, of counsel and Land and Natural Resources Division, Dept. of Justice, Washington, D. C. by Dennis A. Dutterer, Washington, D. C., of counsel, for defendants.

OPINION

WERKER, District Judge.

The plaintiff, Airco, Inc., is a New York corporation, one business activity of which is the sale and distribution of helium, in liquid and gaseous form. Its customers include federal agencies and their contractors. The plaintiff filed this action pursuant to 28 U.S.C. § 1331, alleging jurisdiction under the Helium Act and the Administrative Procedure Act. Specifically, plaintiff seeks an injunction and declaratory judgment...

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