DAGGS v. KLEIN

Nos. 11581, 11772.

169 F.2d 174 (1948)

DAGGS v. KLEIN et al. BRAITO v. KLEIN et al.

Circuit Court of Appeals. Ninth Circuit.

August 9, 1948.


Attorney(s) appearing for the Case

Gladstein, Andersen, Resner & Sawyer, Herbert Resner and Norman Leonard, all of San Francisco Cal., for appellants.

Frank J. Hennessy, U. S. Atty. and William E. Licking, Asst. U. S. Atty., both of San Francisco, Cal., for appellees.

Before DENMAN, BONE, and ORR, Circuit Judges.


ORR, Circuit Judge.

Two separate suits were instituted in the District Court and motions to dismiss were heard before different judges. In the Daggs case the complaint was dismissed on the ground that no federal question was presented, and the Braito case was dismissed on the ground that the Secretary of the Navy, to whom we shall hereinafter refer as the Secretary, is an indispensable party. The cases were consolidated for argument and presentation on appeal.

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