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LITTELL v. MORTON

No. 15208.

445 F.2d 1207 (1971)

Norman M. LITTELL, Appellant, v. Rogers C. B. MORTON, the Secretary of the Interior of the United States, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 14, 1971.

Attorney(s) appearing for the Case

Francis B. Delehanty, Jr., New York City (Corbin, Bennett & Delehanty, New York City, and Peter Parker, White, Page & Lentz, Baltimore, Md., on brief), for appellant.

Eva R. Datz, Atty., Dept. of Justice (Shiro Kashiwa, Asst. Atty. Gen., Herb ert Pittle, George R. Hyde, Attys., Dept. of Justice, and George Beall, U. S. Atty., and James Anderson, Asst. U. S. Atty., on brief), for appellee.

Before BRYAN, WINTER and BUTZNER, Circuit Judges.

WINTER, Circuit Judge:

This case involves close questions of application of the doctrine of sovereign immunity and permissible judicial review under the Administrative Procedure Act, 5 U.S.C.A. §§ 701, et seq. They are raised by litigation instituted by Norman M. Littell, Esq., a member of the bar, who was formerly counsel for the Navajo Tribe of Indians. Littell sought judicial review by mandamus of a determination...

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