Daggs v. Klein

ORR, Circuit Judge.

Two separate suits were instituted in the District Court and motions to dismiss were heard before different judges. In the Daggs case the complaint was dismissed on the ground that no federal question was presented, and the Braito case was dismissed on the ground that the Secretary of the Navy, to whom we shall hereinafter refer as the Secretary, is an indispensable party. The cases were consolidated for argument and presentation on appeal.

The pertinent facts, as alleged in the complaints, are: Appellants Daggs and Braito were federal civil service employees stationed at…