INDUSTRIAL FUEL & ASPHALT OF INDIANA, INC. v. U.S.

Civ. No. H83-433.

592 F.Supp. 1287 (1984)

INDUSTRIAL FUEL & ASPHALT OF INDIANA, INC., Plaintiff, v. The UNITED STATES of America, The Department of Energy, and The Federal Energy Regulatory Commission, Defendants.

United States District Court, N.D. Indiana, Hammond Division.

September 18, 1984.


Attorney(s) appearing for the Case

Grant J. Gruel, Robert J. Riley, Cholette Perkins & Buchanan, Grand Rapids, Mich., Saul I. Ruman, Hammond, Ind., for plaintiff.

Charles B. Miller, Asst. U.S. Atty., Hammond, Ind., for defendants.


ORDER

MOODY, District Judge.

This cause is before the Court on a Motion to Dismiss filed by the defendants on November 16, 1983. The motion seeks dismissal of this action under, alternatively, Rule 12(b)(1), for lack of subject-matter jurisdiction, or under Rule 12(b)(6), for lack of subject-matter jurisdiction, or under Rule 12(b)(6), for failure to state a claim upon which relief can be granted. Because the Court finds that dismissal is required under...

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