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MORAN TOWING & TRANSPORTATION CO. v. UNITED STATES

No. 198-174.

263 F.Supp. 787 (1966)

MORAN TOWING & TRANSPORTATION CO. v. UNITED STATES.

United States District Court S. D. New York.

October 19, 1966.

Attorney(s) appearing for the Case

Burlingham, Underwood, Barron, Wright & White, New York City, for plaintiff, John S. Rogers, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., New York City, for defendant, Peter Martin Klein, New York City, of counsel.

COOPER, District Judge.

Libellants move to vacate a stay issued in 1960 requiring them to exhaust their administrative remedy before proceeding with their suit in this Court. Motion denied.

Libellants have not demonstrated by "clear evidence" that the adminstrative remedy is "inadequate or unavailable." See, United States v. Joseph A. Holpuch Co., 328 U.S. 234, 240, 66 S.Ct. 1000...

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