Henry J. Ernst v. Secretary of the Interior, Solicitor, Department of the Interior, and Roy N. Mikel

This action was brought by appellant against the Secretary of the Interior, the Solicitor of the Department of the Interior, and one Roy N. Mikel, seeking review of a decision of the Solicitor can-celling a homestead entry which had been allowed to appellant in 1951. The complaint alleged that the decision permitted the re-entry by Mikel, who was the contestant.

Service of process on the Secretary and the Solicitor was attempted by mailing copies of the complaint to them and to the Attorney General of the United States in Washington, D. C., and by leaving a copy of the summons and complaint with the United States Attorney at Fairbanks, Alaska. The latter moved the court that an order be entered quashing the return of service and dismissing the complaint as against the Secretary and Solicitor on the ground that they are residents of the District of Columbia and actions can be brought against them only in that place. The motion was granted and an order to quash and dismiss was entered accordingly. The plaintiff appealed, stating as the point on which he intended to rely that the court erred in granting the motion.

Appellees Secretary and Solicitor, by their attorneys, have…