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CONTINENTAL RESEARCH CORP. v. TRAIN

No. 76-755C(3).

426 F.Supp. 713 (1976)

CONTINENTAL RESEARCH CORPORATION, a corporation, Plaintiff, v. Russell E. TRAIN, Administrator, Environmental Protection Agency of the United States of America, Washington, D.C., Defendant.

United States District Court, E. D. Missouri, E. D.

November 10, 1976.

Attorney(s) appearing for the Case

Gerard F. Hempstead and Pat L. Simons, Susman, Stern, Heifetz, Lurie & Sheehan, St. Louis, Mo., for plaintiff.

Barry A. Short, U. S. Atty., Joseph B. Moore, Asst. U. S. Atty., St. Louis, Mo., Daniel J. Shiel, Atty., U. S. Environmental Protection Agency, Kansas City, Mo., for defendant.

MEMORANDUM

WANGELIN, District Judge.

This matter is before the Court upon defendant's motion to dismiss. The motion alleges both that the Court lacks subject matter jurisdiction and that plaintiff has failed to exhaust its administrative remedies. For the reasons stated below, the matter will be dismissed because of plaintiff's failure to exhaust its administrative remedies.

This action centers around the following events. On December 9, 1975, the...

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