Sessions, Inc., a California Corporation v. Rogers C. B. Morton, Secretary of the Interior

Sessions, Inc., a California corporation and lessee of certain Indian lands, filed a complaint in the district court seeking review under 5 U.S.C. § 702 (1970) of the Secretary of Interior’s (the Secretary) decision cancelling its lease, and a declaration of its rights against the Indian lessors, Pierce and McCoy, under the Declaratory Judgment Act, 28 U.S.C. § 2201 (1970). The district court determined that the Secretary's administrative action merely permitted the Indian lessors to invoke the default provisions of the lease, and accordingly found nothing to review under the Administrative Procedure Act. The court also held Sessions was in default for not performing its obligations under the lease. Sessions appeals from judgment for the Indian lessors. We affirm.

The facts of this case are recited in the district court’s opinion, and in a part of the administrative record reprinted in the appendix thereto. 348 F.Supp. 694 (C.D.Cal.1972). Since these facts are for the most part undisputed it is unecessary that they be fully repeated here. Essentially this appeal involves the cancellation of one of a total of seven leases acquired by Sessions on January 1, 1962. The leases are…