SELLAS v. KIRK

No. 13214.

200 F.2d 217 (1952)

SELLAS v. KIRK.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 7, 1953.


Attorney(s) appearing for the Case

Ernest S. Brown and Clel Georgetta, Reno, Nev., for appellant.

Wm. Amory Underhill, Asst. Atty. Gen., Miles N. Pike, U. S. Atty., Reno, Nev., Roger P. Marquis and John C. Harrington, Attys., Department of Justice, Washington, D. C., for appellee.

Before HEALY, BONE, and POPE, Circuit Judges.


HEALY, Circuit Judge.

Appellant sued to enjoin appellee, range manager of Nevada Grazing District No. 4, from effecting a reduction in the former's permitted grazing on the public lands within the District, and he asked also for declaratory relief. Appellee moved to dismiss for failure of the complaint to state a cause for relief, for lack of jurisdiction in the court over the subject matter, and on the ground that in any event the Secretary of the Interior is an...

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