Sellas

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 indispensable party de fendant. In support of the motion appellee presented an affidavit of the regional chief of the Division of Range Management of the Interior Department and certain other exhibits including an opinion of the Secretary approving appellee’s action. Appellant by affidavit supplied correspondence with the Department relating to the controversy. The cause being submitted on this showing, the court granted the motion and directed entry of a judgment of dismissal 101 F.Supp. 237 .

The case concerns the administration of the Taylor Grazing Act, 43 U.S.C.A. § 315 et seq., as amended. In summary, this Act authorizes the Secretary of the Interior to establish grazing districts on the public lands, to make provision for the…