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OIL SHALE CORPORATION v. UDALL

Civ. A. No. 8680.

235 F.Supp. 606 (1964)

The OIL SHALE CORPORATION and Energy Resources Technology Land, Inc., Plaintiffs, v. Stewart L. UDALL, Secretary of the Interior, Defendant.

United States District Court D. Colorado.

November 27, 1964.

Attorney(s) appearing for the Case

Tweedy, Mosley, Sullivan & Young and Fred M. Winner, Denver, Colo., for plaintiffs.

Lawrence M. Henry, U. S. Atty. for Dist. of Colorado, Denver, Colo., and Thomas L. McKevitt, Dept. of Justice, Washington, D. C., for defendant.

DOYLE, District Judge.

The defendant has moved to dismiss the complaint herein on several grounds, including the following: that the Department of the Interior has primary jurisdiction; that the plaintiffs have failed to exhaust their administrative remedies; that the complaint fails to set forth a justiciable controversy; that the United States is an indispensable party; that the action is barred by laches; and that the complaint fails to set forth a claim upon which...

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