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ITT CONTINENTAL BAKING CO. v. UNITED STATES

No. 82 Civ. 5300 (KTD).

559 F.Supp. 454 (1983)

ITT CONTINENTAL BAKING COMPANY, Plaintiff, v. UNITED STATES of America, John R. Block, Secretary of Agriculture, U.S. Department of Agriculture, and B.H. Jones, Administrator, Packers and Stockyards Administration, U.S. Department of Agriculture, Defendants.

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

March 15, 1983.

Attorney(s) appearing for the Case

Gordon A. Thomas and Craig D. Walley, Rye, N.Y., for plaintiff ITT Continental Baking Co; John H. Schafer, Michael S. Bernstein, Washington, D.C., of counsel.

John S. Martin, Jr., U.S. Atty., S.D.N.Y., New York City, for defendants; Jordan Stanzler, Asst. U.S. Atty., Joanne I. Schwartz, U.S. Dept. of Agriculture, New York City, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Defendants move herein for an order dismissing the complaint in this action for failure to exhaust administrative remedies, for failure to state a claim upon which relief can be granted, and for lack of subject matter jurisdiction. Because the first of these grounds requires that I grant defendant's motion, I need not address defendant's other arguments.

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