Legal Opinion
Derby & Co. v. Department of Energy
District Court, S.D. New York
Decided August 25, 1981No. 81 Civ. 0250 (CBM)Published
1Opinion of the Court
MEMORANDUM OPINION
MOTLEY, District Judge.
Currently before the court are a motion to dismiss by defendant, the United States Department of Energy (DOE), and a cross motion for summary judgment by plaintiffs, Derby & Co., Inc. (Derby) and Phibro Corp. (Phibro). For the reasons given below, the court concludes that jurisdiction may not properly be exercised over this action at this time. Accordingly, DOE’s motion to dismiss the complaint is granted. The Facts
Broadly speaking, this action involves a controversy over to what extent, if any, DOE may regulate the purchase and sale by American…
2Cases cited15 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- The Toilet Goods Association, Inc. v. John w.ga Rdner, Secretary of Health, Education, and WelfareSupreme Court of the United States · 1967
- Gardner v. Toilet Goods Assn., Inc.Supreme Court of the United States · 1967
- Toilet Goods Ass'n v. GardnerSupreme Court of the United States · 1967
- Standard Oil Co. v. Department of EnergyTemporary Emergency Court of Appeals · 1978
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