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STEWART CAPITAL CORP. v. ANDRUS

79 Civ. 1761(MP).

468 F.Supp. 1261 (1979)

STEWART CAPITAL CORPORATION, Plaintiff, v. Cecil D. ANDRUS, Secretary of the Interior, Murphy Oil Corporation and Ocean Production Company, Defendants.

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

April 18, 1979.

Attorney(s) appearing for the Case

Whitman & Ransom, New York City, for plaintiff, by John M. Hadlock and David G. Taylor, New York City.

Davis, Polk & Wardwell, New York City, for defendants Ocean and Murphy, by Richard E. Nolan and James Flynn, New York City.

Robert B. Fiske, U. S. Atty., S. D. N. Y., New York City, for defendant Andrus, by Gary G. Cooper, Asst. U. S. Atty., New York City, and Charles Findlay, U. S. Dept. of Justice, Washington, D. C.

DECISION AND OPINION

POLLACK, District Judge.

This is a suit for a declaratory judgment and an injunction against the Secretary of Interior by the highest bidder for an offshore oil and gas lease which was awarded to the lower bidders because of a presumed defect of the higher bid submitted, in that an attestation by an Assistant-Secretary was allegedly required by the corporation's own resolutions (not by the...

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