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DERBY & CO., INC. v. DEPT. OF ENERGY

No. 81 Civ. 0250 (CBM).

524 F.Supp. 398 (1981)

DERBY & CO., INC. and Phibro Corporation, Plaintiffs, v. DEPARTMENT OF ENERGY and James B. Edwards, Secretary of Energy, Defendants.

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

August 25, 1981.

Attorney(s) appearing for the Case

Cahill, Gordon & Reindel, William E. Hegarty, George Wailand, Thomas R. Jones, Andrew L. Deutsch, Susan E. Fine, New York City, Bracewell & Patterson, by John R. Cope, William V. DePaulo, Washington, D.C., for plaintiffs.

John S. Martin, Jr., U. S. Atty., J. D. Pope, Asst. U. S. Atty., New York City, for defendant U. S. Dept. of Energy.

MEMORANDUM OPINION

MOTLEY, District Judge.

Currently before the court are a motion to dismiss by defendant, the United States Department of Energy (DOE), and a cross motion for summary judgment by plaintiffs, Derby & Co., Inc. (Derby) and Phibro Corp. (Phibro). For the reasons given below, the court concludes that jurisdiction may not properly be exercised over this action at this time. Accordingly, DOE's motion to dismiss the complaint is granted.<...

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