Legal Opinion

Orange & Rockland Utilities, Inc. v. Howard Oil Co.

District Court, S.D. New York

Decided June 14, 1976No. 76 Civ. 1136 (CHT)PublishedCited by 11 opinions

1Opinion of the Court

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) dis missing 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 indispensable party, and (c) that there is another action pending between the same parties, wherein plaintiff seeks most of the same overcharges alleged herein; and (2) staying discovery…

2Cases cited10 opinions

  1. Myers v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1938
  2. Far East Conference v. United StatesSupreme Court of the United States · 1952
  3. Aircraft & Diesel Equipment Corp. v. HirschSupreme Court of the United States · 1947
  4. MCI Communications Corporation v. American Telephone & Telegraph Company and the Bell Telephone Company of PennsylvaniaCourt of Appeals for the Third Circuit · 1974
  5. City of New York v. New York Telephone Co.Temporary Emergency Court of Appeals · 1972

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Bulzan v. Atlantic Richfield Co.Temporary Emergency Court of Appeals · 1980
  2. Dyke v. Gulf Oil Corp.Temporary Emergency Court of Appeals · 1979
  3. Oasis Petroleum Corp. v. United States Department of EnergyTemporary Emergency Court of Appeals · 1983
  4. Olympus Corp. v. United StatesDistrict Court, E.D. New York · 1985
  5. RCA Global Communications, Inc. v. Western Union Telegraph Co.District Court, S.D. New York · 1981

6 more not listed; retrieve them via the Exa API.

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