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ORANGE & ROCKLAND UTILITIES, INC. v. HOWARD OIL CO.

No. 76 Civ. 1136 (CHT).

416 F.Supp. 460 (1976)

ORANGE AND ROCKLAND UTILITIES, INC., Plaintiff, v. HOWARD OIL COMPANY, INC., Defendant.

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

June 14, 1976.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae, New York City, for plaintiff; Taylor R. Briggs, E. Michael Joye, New York City, of counsel.

Shea, Gould, Climenko, Kramer & Casey, New York City, for defendant; Ronald H. Alenstein, Geoffry R. Handler, New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

Defendant Howard Oil Company, Inc. ("Howard") seeks an order of this Court pursuant to Rules 12(b) and 26(c) of the Federal Rules of Civil Procedure: (1) dismissing or staying this action upon the grounds (a) that this action is barred under the doctrines of primary administrative jurisdiction and exhaustion of administrative remedies, (b) that plaintiff has failed to join an...

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